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)).
    • The Appellate Court affirmed.