McGrail and Rowley v. Babbitt
986 F.Supp. 1386 (S.D.Fla. 1997) aff'd 986 F.3d 646 (11th Cir. 2000)
McGrail & Rowley owned a
tour boat company. They applied for a permit to take tours in the Key
West National Wildlife Refuge.
The Fish and Wildlife Service
(FWS) denied the permit. McGrail & Rowley appealed.
McGrail & Rowley argued
that FWS allowed another tour boat company to operate in the Refuge, so
it was inconsistent that they not be allowed to operate also.
FWS argued that the other
tour boat company ran "passive and educational" tours that
respected the wildlife, while McGrail & Rowley were more recreational
and involved picnics and kayaking and Frisbees on the beach.
FWS argued that McGrail
& Rowley's tours were more likely to damage sensitive areas.
The Trial Court affirmed.
McGrail & Rowley appealed.
The Trial Court found that
FWS had a reason for making their decision, therefore it was not
arbitrary and capricious and the Court would defer to Agency judgment.
See Chevron U.S.A. Inc.
v. Natural Resources Defense Council
(467 U.S. 837 (1984)).