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People for the Ethical Treatment of Animals v. National Institutes of Health
The D.C. Circuit affirmed in part and reversed in part a lower court decision rejecting an animal rights group's FOIA request for records concerning National Institutes of Health (NIH) investigations of animal abuse at a university research lab. NIH issued "Glomar" responses, meaning that the agency...
Public Employees for Environmental Responsibility v. Beaudreau
A district court largely upheld several administrative decisions made by federal agencies approving the construction of various aspects of an offshore wind energy project in Nantucket Sound, remanding only two issues to FWS and the National Marine Fisheries Service (NMFS) for ESA violations. Four gr...
San Luis & Delta-Mendota Water Authority v. Jewell
The Ninth Circuit, in a 170+ page opinion, reversed in part and affirmed in part a lower court decision invalidating the FWS' 2008 biological opinion (BiOp) that concluded that the Central Valley Project (CVP) would jeopardize the continued existence of the delta smelt and its habitat. The project s...
In re Consolidated Delta Smelt Cases
A district court extended FWS' deadline to complete its biological opinion (BiOp) for the threatened delta smelt, the U.S. Bureau of Reclamation's deadline to complete its related analysis under NEPA, and NMFS' deadline to complete its BiOp and a related NEPA analysis for endangered salmonid species...
National Parks Conservation Ass'n v. Jewell
A district court vacated a 2008 rule issued by the Office of Surface Mining Reclamation and Enforcement (OSM) that governs the operation of coal mining activities near and through streams. The 2008 rule revised a 1983 rule, retaining the previous rule's stream buffer zone requirement, but establishi...