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Austin v. Kinder Morgan Texas Pipeline, LLC

A district court denied local government entities' and landowners' request to temporarily halt construction of a 430-mile natural gas pipeline in Texas. Plaintiffs argued that allowing construction without an incidental take permit under §10 of the ESA would result in an unlawful take of endangered...

Wheelabrator Baltimore, L.P. v. Mayor and City Council of Baltimore

A district court granted two Baltimore solid waste incineration facilities' partial motion for summary judgment in a challenge to the Baltimore Clean Air Act (BCAA). The facilities argued the BCAA was "conflict preempted" by Maryland law because it prohibited solid waste incinerators from operating ...

Center for Biological Diversity v. Bernhardt

A district court dismissed a challenge to FWS' development of guidelines implementing its species status assessments (SSA) program under the ESA. An environmental group argued that the Service failed to provide public notice and an opportunity for comment on the guidelines, thus depriving the group ...

Public Employees for Environmental Responsibility v. Bernhardt

A district court dismissed for lack of standing a challenge to FWS' decision to delist the threatened Louisiana black bear under the ESA. Individuals and nonprofit groups challenged the Service's conclusions in its decision that the bear was recovered and no longer met the definition of a threatened...

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

A district court held that FWS must reconsider its approval of a proposed open-pit copper mine in the Coronado National Forest. An environmental group argued the agency improperly used a heightened standard of review when it determined the mine was unlikely to result in destruction or adverse modifi...