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Endangered species listing

Friends of Animals v. Ross

A district court vacated NMFS' 2014 decision not to list the queen conch, a marine mollusk that inhabits the Caribbean Sea and Gulf of Mexico, as endangered or threatened under the ESA. Environmental groups argued the decision should be...

Friends of Blackwater v. Salazar

The D.C. Circuit held that FWS did not violate the ESA by removing the West Virginia Northern Flying Squirrel from the list of endangered species even though several criteria in the agency's recovery plan for the species had not been...

Alaska v. Lubchenco

A district court upheld the National Marine Fisheries Service's (NMFS') decision to list the Cook Inlet beluga whale as endangered under the ESA. The state of Alaska, an oil company, and several nonprofit corporations challenged the...

Friends of Blackwater v. Salazar

A district court vacated the FWS' removal of the Virginia Northern Flying Squirrel from the list of endangered species. Instead of applying the criteria set forth in the squirrel's recovery plan when it issued the delisting rule, the...

Polar Bear Endangered Species Act Listing

A district court remanded the FWS' final rule listing the polar bear as a “threatened” species under the ESA. Shortly after FWS issued the rule, several groups filed suit, some arguing that the polar bear should have been listed...

American Wildlands v. Norton

The court holds that the U.S. Fish and Wildlife's (FWS') decision that the westlope cutthroat trout (WCT) did not warrant listing as an endangered or threatened species was arbitrary and capricious. The FWS concluded that listing the...

Biodiversity Legal Found. v. Badgley

The court reverses a district court decision and holds that the U.S. Fish and Wildlife Service (FWS) does not have discretion under Endangered Species Act (ESA) §4 to make an initial determination to list a petitioned species beyond the...

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...

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...