A district court held that FWS' decision to withdraw its proposed listing of the "bi-state sage grouse" as threatened under the ESA was arbitrary and capricious. FWS recognized that one of the studies it relied on was questionable. In addition, FWS violated its own policy when it failed to offer any...

The Fourth Circuit, in an unpublished decision, vacated FWS' incidental take statement that authorized a pipeline project along the Atlantic coast to take certain threatened or endangered species. The limits set by the agency were so indeterminate that they undermined the incidental take statement's...

A Texas court, ruling on a petition for pre-suit discovery, held that it would have jurisdiction over a major oil corporation's potential lawsuit against several California cities that have filed suit against it relating to climate change. The company's potential claims would allege, among other thi...