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Determination of endangered and threatened species, §4

Crow Indian Tribe v. United States

A district court issued a temporary restraining order on the scheduled opening of grizzly bear hunting in Idaho and Wyoming. A Native American tribe argued that FWS violated the ESA when it removed the Greater Yellowstone Ecosystem...

Desert Survivors v. U.S. Department of the Interior

A district court vacated and set aside FWS' 2015 decision not to list an isolated population of greater sage grouse as threatened under the ESA. The court's ruling follows an order previously issued by that court granting summary...

Desert Survivors v. U.S. Department of the Interior

A district court held that FWS' decision to withdraw its proposed listing of the "bi-state sage grouse" as threatened under the ESA was arbitrary and capricious. FWS recognized that one of the studies it relied on was questionable. In...

Alaska Oil & Gas Ass'n v. Ross

The Ninth Circuit held that NOAA did not go beyond its authority when it took climate change into account when considering the ESA status of the Arctic ringed seal. In 2012, NOAA listed the Arctic ringed seal as threatened based on...

Alaska Oil & Gas Ass'n v. Pritzker

The Ninth Circuit upheld NMFS' decision to list a distinct population segment (DPS) of the Pacific bearded seal under the ESA based on future impacts of climate change. Using climate projections, NMFS determined that even though the...

Defenders of Wildlife v. Jewell

A district court held that FWS violated the ESA when it decided not to list the wolverine as a threatened species. FWS proposed to list the wolverine in 2013, but then changed course in 2014 and withdrew the proposal; this lawsuit...

Defenders of Wildlife v. Jewell

The D.C. Circuit upheld FWS' decision to withdraw its proposal to list as endangered the dunes sagebrush lizard in New Mexico and Texas. After FWS proposed to list the lizard, it received updated information about conservation efforts...

Permian Basin Petroleum Ass'n v. Department of the Interior

A district court denied a motion to amend its prior ruling vacating FWS' listing of the lesser prairie chicken as a threatened species under the ESA....

Friends of Animals v. Ashe

The D.C. Circuit dismissed a conservation group's lawsuit against FWS for failing to make a timely determination on their petition to list certain species of sturgeon as endangered or threatened under the ESA. Upon the filing of a...

Permian Basin Petroleum Ass'n v. Department of the Interior

A district court vacated an FWS rule listing the lesser prairie chicken as a threatened species under the ESA. ESA §4(b) requires FWS to take into account conservation efforts being made by any state before making a listing decision. In...