News & Analysis In the Courts

Volume 54 Issue 6

In an unpublished opinion, the Ninth Circuit affirmed in part and reversed in part summary judgment for FWS in a challenge to the Service's issuance of an incidental take regulation for polar bears living along Alaska's Beaufort Sea. Environmental groups argued FWS failed to satisfy the Marine Mamma...

Keywords:
Marine Mammal Protection Act

The U.S. Supreme Court unanimously held that the Takings Clause does not distinguish between legislative and administrative land use permit conditions, in a lawsuit concerning a traffic impact fee as a condition of building a prefabricated home on a parcel of land. The landowner challenged the fee a...

Keywords:
Taking of private property

A district court denied the state of Alaska's and North Slope Borough's challenge to NMFS' decision not to delist the Arctic ringed seal as an endangered species following their 2019 petition. The plaintiffs argued NMFS failed to credit new information from FWS' analysis, failed to credit the Interg...

Keywords:
Endangered Species Act (ESA)

A district court denied tribes' and conservation groups' request to preliminarily enjoin construction of a transmission line through the San Pedro Valley in Arizona. The plaintiffs argued BLM violated the National Historic Preservation Act when it authorized construction to begin without assessing t...

Keywords:
Energy (generally)

A district court denied summary judgment for conservation groups in a challenge to BLM's authorization of six lease sales for oil and gas development in the western United States. The groups argued BLM failed to take the requisite "hard look" when analyzing the cumulative impact of greenhouse gas em...

Keywords:
National Environmental Policy Act (NEPA), Federal Land Policy and Management Act (FLPMA)

A district court denied the state of Florida's motion for a limited stay of the court's prior ruling vacating EPA's approval of Florida's application to assume permitting authority under §404 of the CWA. Environmental groups initially sued, arguing EPA and FWS violated the ESA because neither the p...

Keywords:
Dredge and fill, §404

A district court granted in part and denied in part summary judgment for conservation groups in a challenge to BLM's authorization of a lease sale for oil and gas development in Wyoming. The groups argued BLM failed to take a "hard look" at the potential environmental impacts of the Wyoming sale, as...

Keywords:
National Environmental Policy Act (NEPA)

A district court granted in part and denied in part summary judgment for environmental groups in a challenge to an Idaho law authorizing expanded authorization of recreational wolf trapping and snaring in the state's grizzly bear habitat. The groups argued Idaho's continued authorization and expansi...

Keywords:
Endangered Species Act (ESA)

A district court granted summary judgment for the state of Texas in a challenge to the Federal Highway Administration's (FHwA's) 2023 rule requiring states to measure, report, and set declining targets for the amount of carbon dioxide emitted by vehicles using the interstate and national highway sys...

Keywords:
Infrastructure

A district court denied outdoor recreation groups' request to halt implementation of BLM's 2023 travel management plan (TMP) closing over 300 miles of routes previously available for off-highway vehicle use on public lands within the Labyrinth/Gemini Bridges Travel Management Area in Utah. The group...

Keywords:
BLM lands