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Determination of endangered and threatened species, §4

Center for Biological Diversity v. Norton

The court holds that the U.S. Fish and Wildlife Service's (FWS') petition management guidance policy violated the plain terms of the Endangered Species Act (ESA) and that the Secretary of the Interior improperly relied on the policy...

Building Indus. Ass'n of Superior Cal. v. Norton

The court affirms a district court denial of summary judgment to a building industry association challenging the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy shrimp that live in vernal pools in California as...

Southwest Ctr. for Biological Diversity v. Babbitt

The court holds that a district court acted outside its authority when it ordered the U.S. Fish and Wildlife Service (FWS) to conduct an onsite population count of the Queen Charlotte goshawk in order to determine if the species should...

Forest Guardians v. Babbitt

The court holds that the Secretary of the Interior violated the Endangered Species Act (ESA) by failing to designate critical habitat for the silvery minnow. The Secretary claimed that he could not complete the minnow's critical habitat...

Building Indus. Ass'n of Superior Cal. v. Babbitt

The court holds that it lacks jurisdiction over a building association's appeal of a decision upholding the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy shrimp as endangered or threatened under the Endangered...

Oregon Natural Resources Council v. Daley

The court denies a state's motion to stay a decision that the National Marine Fisheries Service (NMFS) improperly decided that the evolutionary significant unit of coho salmon did not warrant listing as a threatened species under the...

Biodiversity Legal Found. v. Babbitt

The court holds that the U.S. Fish and Wildlife Service (FWS) did not violate Endangered Species Act (ESA) §4(b)(3)(A) when it relied on its 1997 listing priority guidance and failed to make a preliminary 90-day finding on a petition to...

Oregon Natural Resources Council v. Daley

The court holds that the National Marine Fisheries Service's (NMFS') decision not to list the Oregon Coast evolutionary significant unit (ESU) of coho salmon as threatened under the Endangered Species Act (ESA) was arbitrary and...

Scott Timber Co. v. United States

The court holds that the U.S. Forest Service possessed limited contractual authority to suspend performance of 11 timber sale contracts in the Siskiyou and Siuslaw National Forests in Oregon due to the Endangered Species Act (ESA)...

Friends of the Wild Swan v. U.S. Fish & Wildlife Serv.

The court holds that the U.S. Fish and Wildlife Service (FWS) arbitrarily and capriciously listed several subpopulations of bull trout as endangered under the Endangered Species Act (ESA). In 1994, FWS concluded that listing the bull...

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