Gerber v. Norton

This case involves a challenge to a decision by the Fish and Wildlife Service to issue a permit authorizing the otherwise unlawful "taking" of the endangered Delmarva fox squirrel in connection with a proposed residential development. Appellants contend that the Service violated the Endangered Species Act (ESA) because it did not allow public comment on a key component of the developers permit application, and because it did not make the statutorily required finding that the developers plan reduced the impact of the taking to the maximum extent practicable.