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Rock Creek Alliance v. U.S. Fish & Wildlife Service
The Ninth Circuit held that the FWS' determination that a proposed mining project in northwest Montana would result in "no adverse modification" to critical bull trout habitat and would result in "no jeopardy" to the local grizzly bear population was not arbitrary, capricious, or in violation of the...
Dow Agrosciences LLC v. National Marine Fisheries Service
A district court upheld a NMFS biological opinion (BiOp) concluding that EPA's registration decisions under FIFRA for three insecticides—chlorpyrifos, diazinon and malathion—were likely to jeopardize the continued existence of 27 protected species of salmon and steelhead fish and would destroy o...
Aluminum Co. of Am. v. Administrator
The court denies a petition to review the Bonneville Power Administration's (BPA's) record of decision (ROD) regarding the operations of the Federal Columbia River Power System (FCRPS). The National Marine Fisheries Service (NMFS) concluded that under the Endangered Species Act (ESA), continued oper...
Marbled Murrelet v. Babbitt
The court holds that a prevailing logging company was not entitled to attorney fees in a lawsuit brought by an environmental group under the Endangered Species Act (ESA). The court first holds that it will only allow attorney fees to a prevailing defendant if the plaintiff's action was frivolous. Th...
Greenpeace v. National Marine Fisheries Serv.
The court holds that the National Marine Fisheries Service (NMFS) violated the Endangered Species Act (ESA) by failing to prepare a biological opinion (BO) that properly addressed how the North Pacific fishery management plans (FMPs) for the groundfish fisheries in the Bering Sea and Gulf of Alaska ...