CLARK
v.
UNITED STATES

U.S. | 1991-01-07
No. 90-6307
498 U.S. 1037 Supreme Court of the United States (1991) Positive Treatment
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  • …s that the takings that are exempted from the MMPA are not to be accomplished in a wasteful manner. We have upheld the Secretary’s authority to regulate under section 1371 in United States v. Clark, 912 F. 2d 1087, 1090 (9th Cir.1990), cert. denied, 498 U.S. 1037, 111 S.Ct. 705, 112 L.Ed.2d 695 (1991). We conclude that the portion of the regulation at issue is not mandated by the MMPA. The judgment of the district court is affirmed. AFFIRMED. . Standing failed in Defenders of Wildlife partly because the i…

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