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Miccosukee v. United States, 566 F.3d 1 257 (11th Cir. 2009)

In May 2009, the Eleventh Circuit Court of Appeals partially grants the Miccosukee Tribe’s appeal of a lower court order (a second challenge the Miccosukee Tribe filed related to IOP implementation)(Moore Case 2) related to the IOP and requires additional analysis by the FWS to support incidental take triggers — triggers that, when surpassed, require the reinitiation of consultation under the ESA about the effects of an action on endangered or threatened species.  According to the Court, biological opinions must include numerical targets (i.e., a projection of how many individual members of a species may be taken) where possible.

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