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Aransas Project v. Shaw

A district court held that the Texas Commission on Environmental Quality violated ESA §9 by failing to properly manage freshwater inflows into the San Antonio and Guadalupe bays during the 2008-2009 winter, thereby causing an unlawful take of the world’s only self-sustaining, wild Whooping Crane ...

In re Polar Bear Endangered Species Act Listing

The D.C. Circuit affirmed a lower court decision upholding FWS' listing of the polar bear as threatened under the ESA, in part due to the effects of global climate change. Below, a number of industry groups argued that the listing rule is arbitrary and capricious under the APA and that FWS' action s...

Dow AgroSciences LLC v. National Marine Fisheries Service

The Fourth Circuit vacated a biological opinion the National Marine Fisheries Service (NMFS) prepared as part of EPA's reregistration process for three pesticides—chlorpyrifos, diazinon, and malathion. The biological opinion concluded that the pesticides would jeopardize the viability of certain P...