STRIKEDOWN---redundant law gets struck down.
Fish ’10 [Jared; Fall 2010; J.D. expected in 2011 from the University of California, Berkeley School of Law; Fordham Environmental Law Review, “Critical Habitat Designations After New Mexico Cattle Growers: An Analysis of Agency Discretion to Exclude Critical Habit,” vol. 21]
Courts should take a "hard look" at the agency's impact analyses and its justifications for excluding critical habitat. Just as the courts routinely struck down the agency's "not prudent," "not determinable," and "redundant" rationales for not designating critical habitat in the 1990s, they should remand critical habitat exclusions that fail to fully consider benefits of CHDs. Because the designation of critical habitat is "the principal means for conserving endangered species," both the agency and the courts must ensure that fulfilling CHDs' conservation objective is the top priority.
to take a human form?” 139. Gemignani appears concerned about the existential costs of delegating justice to anthropomorphic machines.