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Kansas Natural Resource Coalition v. United States Fish and Wildlife Service
A district court granted summary judgment for landowners and a coalition of counties in a challenge to FWS' issuance of an ESA Section 4(d) Rule alongside its listing of the northern distinct population of lesser prairie-chicken as a threatened species. Plaintiffs argued FWS should have considered e...
Indigenous Peoples of the Coastal Bend v. United States Army Corps of Engineers
The Fifth Circuit affirmed denial of summary judgment for two Native American tribes and an environmental group in a challenge to a CWA §404 permit issued by the Army Corps of Engineers to expand operations at an oil export terminal on Texas' Gulf Coast. The tribes and group sought to invalidate th...
Restricting Oil and Gas Leases Through Withdrawals Under OCSLA: Can A President Rescind?
This Comment focuses on energy developments offshore. Part I recognizes OCSLA’s purpose of balancing energy needs with protection of marine animals, coastal beaches, and wetlands. Part II discusses examples of presidential use of OCSLA §12(a) authority to protect (withdraw from leasing) portions of the OCS temporarily or permanently, including challenges to President Biden’s recent withdrawal of the East Coast, West Coast, and part of the Gulf of Mexico and Bering Strait from future oil and gas leases.
Organization of Professional Aviculturalists, Inc. v. U.S. Fish and Wildlife Service
The Eleventh Circuit affirmed dismissal of aviculturalist groups' lawsuit challenging FWS' denial of their petition to add two parrot species to the list of species approved for import under the Wild Exotic Bird Conservation Act. The groups had petitioned FWS to add members of the cactus conure and ...