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Shearwater v. Ashe

A district court held that FWS violated NEPA when it issued a rule increasing from five years to 30 years the maximum duration of programmatic permits for wind energy developers to take bald and golden eagles. FWS issued the rule in hopes of promoting renewable energy projects. But when it issued th...

Klamath-Siskiyou Wildlands Center v. MacWhorter

The Ninth Circuit reversed a lower court decision dismissing an environmental group's ESA lawsuit against the U.S. Forest Service concerning the agency's approval of suction dredge mining projects in the Rogue River-Siskiyou National Forest. Because the Forest provides designated critical habitat fo...

Chinatown Neighborhood Ass'n v. Harris

The Ninth Circuit upheld California's "shark fin law", which bans the possession, sale, and distribution of shark fins within the state. An association claimed that the Magnuson-Stevens Fishery Conservation and Management Act preempts the law. But they failed to identify any actual conflict between ...

Animal Legal Defense Fund v. Otter

A district court held that an Idaho "ag-gag" law that criminalizes undercover investigations of agricultural production operations violates the U.S. Constitution. Under the law, a journalist or animal rights investigator can be convicted for not disclosing his media or political affiliations when re...