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Biological opinion, §7(b)

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...

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...

Native Fish Society v. National Marine Fisheries Service

A district court held that the National Marine Fisheries Service (NMFS) violated NEPA and the ESA in approving certain operations at a fish hatchery on Oregon's Sandy River. NMFS regulations provide an exemption for the otherwise...

Intertribal Sinkyone Wilderness Council v. National Marine Fisheries Service

A district court held that the National Marine Fisheries Service (NMFS) has until August 1, 2014, to revise its plan for protecting whales, dolphins, porpoises, seals, and sea lions from U.S. Navy warfare training exercises along the...

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...