The court holds that the Endangered Species Act's (ESA's) application to private lands in order to protect an endangered species that lives entirely within one state does not violate the U.S. Commerce Clause. The court first holds that the regulated activity in question—construction of a housing d...

The court holds that the U.S. Fish and Wildlife Service (FWS) acted in an arbitrary and capricious manner by issuing incidental take statements imposing terms and conditions on grazing permits sought by a cattle growers' association where there was either no evidence that the endangered species exis...

The court affirms a district court decision requiring the U.S. Fish and Wildlife Service (FWS) to prepare an environmental impact statement (EIS) and to issue a critical habitat designation for the Rio Grande Silvery Minnow within 120 days. In 1994, the minnow was listed as an endangered species. FW...

The court holds that the federal government failed to show how limiting permits for eagle feathers only to members of federally recognized tribes is the least restrictive means of advancing the government's interests in preserving eagle populations and protecting Native American culture. An individu...

The court holds that the National Marine Fisheries Service (NMFS) failed to satisfy the Atlantic Coastal Fisheries Management Act's (Atlantic Coastal Act's) consultation requirement before promulgating a final rule governing lobster fishing in the exclusive economic zone (EEZ) off the U.S. Atlantic ...

The court holds that application of the Endangered Species Act (ESA) to a commercial housing development that threatened the continued existence of the arroyo southwestern toad, an endangered species, was a constitutional exercise of federal authority under the U.S. Commerce Clause. The court previo...

The court rejects a timber company's Declaratory Judgment Act claim against two private environmental groups, the U.S. Fish and Wildlife Service (FWS), and the National Marine Fisheries Service (NMFS). The environmental groups filed a notice of intent to sue the FWS and the NMFS under the Endangered...

The court upholds the U.S. Fish and Wildlife Service's (FWS') determination that listing the northern goshawk in the western United States as a threatened or endangered species was not warranted under the Endangered Species Act. The FWS' decision was amply supported by evidence in the record. Based ...

The court holds that the no surprises rule, which provides regulatory assurances to holders of incidental take permits (ITPs) issued under the Endangered Species Act (ESA) that they will not be required to commit funds or resources beyond those contemplated at the time the permit was issued to mitig...

The court holds that the U.S. Fish and Wildlife Service's (FWS') denial of an incidental take permit authorizing logging on 40 acres of protected owl habitat was neither a physical nor a regulatory taking. Contrary to the lower court's decision, the landowners' claim is ripe. Although the FWS invite...