A district court held that the Texas Commission on Environmental Quality violated ESA §9 by failing to properly manage freshwater inflows into the San Antonio and Guadalupe bays during the 2008-2009 winter, thereby causing an unlawful take of the world’s only self-sustaining, wild Whooping Crane ...

The Eleventh Circuit vacated EPA's 2011 disapproval of Alabama SIP provisions on opacity, thereby reinstating EPA's 2008 approval of opacity limits. EPA's 2011 disapproval was unauthorized by the CAA because EPA failed to make the statutorily required error determination. Neither the text of the fin...

The D.C. Circuit affirmed a lower court decision upholding FWS' listing of the polar bear as threatened under the ESA, in part due to the effects of global climate change. Below, a number of industry groups argued that the listing rule is arbitrary and capricious under the APA and that FWS' action s...