ELR Citation: ELR 20064
No(s). 06-277 (D. Idaho Feb 29, 2008)

A district court held that the U.S. Fish and Wildlife Service (FWS) must honor a settlement agreement it entered into with an environmental group requiring it to provide for additional public comment on the possible listing of the sage-grouse. FWS argued that the agreement was not approved by the agency. There is no dispute, however, that counsel for the U.S. Department of Justice (DOJ) and the group reached an agreement. There is also no dispute that DOJ superiors approved the agreement. Finally, there is no evidence to support a claim of mutual mistake, duress, coercion, or lack of consideration. And although a local rule states that an agreement is not binding on the parties until it is signed by the court, the rule does not prevent the parties from reaching an agreement that will be treated as a contract—and binding as such.

[A prior decision in this litigation can be found at 37 ELR 20306.]