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Critical habitat designation

Weyerhaeuser Co. v. United States Fish and Wildlife Service

The U.S. Supreme Court vacated a Fifth Circuit decision upholding FWS' critical habitat designation for the dusky gopher frog. Before the appellate court, the landowners whose property was designated argued that their property did not...

Colorado v. United States Fish and Wildlife Service

A district court denied Colorado's and Utah's request to vacate FWS' decision to list the Gunnison sage grouse species as threatened under the ESA. The states argued that many of the agency's claimed threats to the species were...

Otay Mesa Property, L.P. v. United States Department of the Interior

A district court vacated FWS' designation of land in California as critical habitat for the endangered Riverside fairy shrimp. Property owners argued that the agency improperly designated 56 acres of land as "occupied" habitat even...

California Cattlemen's Ass'n v. United States Fish & Wildlife Service

A district court denied motions to dismiss a lawsuit challenging the federal designation of over 1.8 million acres in the Sierra Nevada mountains as critical habitat for three amphibian species. Associations representing California...

Wildearth Guardians v. U.S. Department of the Interior

A district court ordered FWS to reconsider its decision not to designate critical habitat for the Canada lynx in Colorado, Idaho, and Montana. When it published the September 2014 final rule designating lynx critical habitat in the...

Alaska Oil & Gas Ass'n v. Jewell

The Ninth Circuit reversed a lower court decision vacating FWS' designation of critical habitat in Alaska for the polar bear, a threatened species, and reinstated the...

Building Industry Ass'n of the Bay Area v. United States Department of Commerce

The Ninth Circuit upheld the National Marine Fisheries Service's (NMFS') designation of critical habitat for the southern distinct population of green sturgeon, a threatened species. The rule designated approximately 11,421 square miles...

Bear Valley Mutual Water Co. v. Jewell

The Ninth Circuit upheld a 2010 FWS rule designating critical habitat for the threatened Santa Ana sucker, a small freshwater fish native to several California rivers and streams. In 2004, FWS approved a habitat conservation plan that...

Cottonwood Environmental Law Center v. United States Forest Service

The Ninth Circuit held that the U.S. Forest Service violated ESA §7 when it failed to reinitiate consultation after FWS designated critical habitat for the Canada lynx on National Forest land. In 2006, FWS designated critical habitat...

Markle Interests, LLC v. United States Fish & Wildlife Service

A district court upheld FWS' designation of 1,544 acres of a privately owned tree farm in Louisiana as critical habitat essential for the conservation of the dusky gopher frog, an endangered species. The frog, listed in 2001, is located...