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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In an unpublished opinion, the Ninth Circuit affirmed summary judgment for FWS in a challenge to its decision not to list the Tucson shovel-nosed snake as endangered under the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...
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In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its decision to approve a herd management plan for wild horses in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...
State Responsibility for Disrupting Earth's Climate System: Anticipating the ICJ Advisory Opinion
In 2025, the International Court of Justice (ICJ) will deliver an advisory opinion on the legal obligations of nations with respect to the mounting damage caused by climate change. This ruling will definitively restate applicable international law, provide a basis for new global policy decisions within the U.N. General Assembly, and provide a predicate for new lawsuits in national courts. To be effective, remedies for breaching a government’s duties to avert climate change will require a “collective remedy,” not merely financial compensation.