A district court ruled that DOI, BLM, and other agencies failed to comply with NEPA when they amended land use plans to protect the habitat of the greater sage-grouse from development in Nevada. In March 2010, FWS issued a finding on petitions to list three entities of the greater sage-grouse as thr...

The Tenth Circuit held that FWS has the authority under the Commerce Clause to regulate the take of the Utah prairie dog. A group of property owners challenged FWS's authority to use the ESA to prohibit take of the Utah prairie dog, an intrastate species, on nonfederal land. A district court granted...

The Ninth Circuit affirmed in part and reversed in part a district court's dismissal of environmental groups' claims that EPA violated the ESA when it registered certain pesticide active ingredients and pesticide products without undertaking consultation with NMFS and FWS. The district court divided...

A district court denied in part and granted in part motions for summary judgment in a suit involving the effects of the Leavenworth [WA] National Fish Hatchery’s operation on endangered Chinook salmon and steelhead in Icicle Creek. An environmental group alleged NMFS's biological opinion (BiOp) an...

The D.C. Circuit reversed a lower court decision that two hunting organizations could not challenge FWS’ indefinite suspension of import permits of African elephant trophies from Tanzania. The hunters challenged FWS’ 2014 suspension on the grounds that the suspension was legislative and required...

A district court, on motions for summary judgment, dismissed a lawsuit against EPA filed by a group of beekeepers, farmers, and organizations concerned about the effect of pesticide-treated seeds on bees and other pollinators. The plaintiffs argued that the practice of coating seeds with neonicotino...

The Ninth Circuit upheld a lower court decision enjoining two wildfire reduction projects in the Gallatin National Forest—the Bozeman Municipal Watershed Project and the East Boulder Project—because FWS and the U.S. Forest Service failed to adequately assess impacts on lynx critical habitat in v...

The Ninth Circuit upheld NMFS' decision to list a distinct population segment (DPS) of the Pacific bearded seal under the ESA based on future impacts of climate change. Using climate projections, NMFS determined that even though the species is not presently endangered, the loss of sea ice over shall...

The Ninth Circuit held that NMFS violated the Magnuson-Stevens Fishery Conservation and Management Act when it excluded an historic net-fishing area of Cook Inlet from the salmon fishery management plan (FMP). The Magnuson-Stevens Act unambiguously requires a regional fishery management council to c...

A district court issued a preliminary injunction enjoining FWS from conducting or authorizing the take of wild red wolves on private land without first demonstrating that the wolf at issue is a threat to humans, pets, or livestock. Animal rights groups argued that prior to 2014, FWS interpreted its ...