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Biological opinion, §7(b)

Center for Biological Diversity v. Bureau of Land Management

The Ninth Circuit upheld BLM's proposal to expand access for off-road vehicle use in the Imperial Sand Dunes Special Recreation Management Area. The Dunes, located in California, are home to two threatened species: the desert tortoise...

Mayo v. Jarvis

A district court remanded a portion of FWS’ addendum to a 2007 biological opinion concerning the incidental take of grizzly bears in the Grand Teton National Park. In 2007, FWS and the National Park Service (NPS) issued a joint 15-year...

Cascadia Wildlands v. Thrailkill

The Ninth Circuit affirmed a lower court decision denying environmental groups' motion to preliminarily enjoin a forest fire recovery project in the southern Oregon Klamath Mountains. After a fire destroyed approximately 48,000 acres of...

Bundorf v. Jewell

A district court, on motions for reconsideration and clarification of a prior remand order, vacated and remanded DOI's record of decision (ROD), EIS, and biological opinion (BiOp) concerning a large wind energy project in Nevada. In the...

Alliance for the Wild Rockies v. Brazell

The Ninth Circuit upheld a lower court decision affirming the U.S. Forest Service's decision to implement the Little Slate Project, a 2,598-acre timber thinning sale...

San Luis & Delta-Mendota Water Authority v. Locke

The Ninth Circuit upheld the National Marine Fisheries Service's (NMFS') biological opinion regarding the impact of continuing water extraction in the California Central Valley on certain threatened and endangered salmonid species. In...

Oceana v. Pritzker

A district court refused to vacate a biological opinion issued by the National Marine Fisheries Service (NMFS) in which it determined that the operation of the Atlantic Sea Scallop Fishery would not jeopardize the continued existence of...

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...

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...

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...