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Otay Mesa Property, L.P. v. United States Department of the Interior

A district court vacated FWS' designation of land in California as critical habitat for the endangered Riverside fairy shrimp. Property owners argued that the agency improperly designated 56 acres of land as "occupied" habitat even though the shrimp species live only in the adjacent one-acre stock p...

Colorado v. United States Fish and Wildlife Service

A district court denied Colorado's and Utah's request to vacate FWS' decision to list the Gunnison sage grouse species as threatened under the ESA. The states argued that many of the agency's claimed threats to the species were unsupported by science, and that its determinations were arbitrary and c...

Gulf Fishermens Ass'n v. National Marine Fisheries Service

A district court ruled in favor of fishermen's challenge to NMFS regulations regarding offshore aquaculture in federal waters of the Gulf of Mexico. The fishermen argued that the regulations were facially invalid because they fall outside the agency's authority to regulate fisheries under the Magnus...