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Determination of endangered and threatened species, §4

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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