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Center for Biological Diversity v. United States Fish and Wildlife Service

In an unpublished opinion, the Ninth Circuit affirmed summary judgment for FWS in a challenge to its decision not to list the Tucson shovel-nosed snake as endangered under the ESA. An environmental group petitioned FWS to list the species in 2004, and again in 2020 after the Service rejected the ini...

American Whitewater v. Federal Energy Regulatory Commission

The D.C. Circuit denied a petition to review FERC's authorization of an owner's request to surrender its license for a hydroelectric project on the Salmon Falls River between New Hampshire and Maine. A conservation group initially requested rehearing of the authorization, arguing the two dams from t...

Friends of Animals v. United States Fish and Wildlife Service

A district court denied an animal advocacy group's request to vacate and remand FWS' decisions approving a general conservation plan (GCP) and incidental take permits for the Utah prairie dog. The group argued the decision to approve the GCP was arbitrary and capricious because the plan will not ful...

Central Oregon Wild Horse Coalition v. Vilsack

In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its decision to approve a herd management plan for wild horses in Ochoco National Forest. A group of conservationists argued the Service violated the Wild Free-Roaming Horses and Burros Ac...

Implementing "Energy Communities"

President Biden’s 2021 Executive Order No. 14008 created a new federal legal concept of “energy communities.” The Infrastructure Investment and Jobs Act (IIJA) and Inflation Reduction Act (IRA) further defined this term, with an emphasis on historical dependence on fossil energy industries. This Article summarizes and assesses current law for “energy communities” in the United States, with an emphasis on recent developments and early implementation efforts.