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Enforcement and penalties, §11

Wildearth Guardians v. United States Department of Justice

In an unpublished opinion, the Ninth Circuit vacated a district court's order granting summary judgment to environmental groups challenging DOJ's McKittrick policy. The groups argued before the district court that the policy, which...

Center for Biological Diversity v. Ross

A district court granted environmental groups' request for discovery relevant to the lobster fishing industry's impact on the endangered North Atlantic right whale. The groups argued that NMFS violated its ongoing duty under §7 of the...

United States v. Charette

The Ninth Circuit vacated a lower court's conviction of a man in Montana for killing a threatened grizzly bear in violation of the ESA. The man claimed that he was acting in self-defense when he killed the bear behind his home in May...

Friends of Animals v. Ashe

A district court dismissed conservation groups' lawsuit challenging FWS' and DOI's decision to issue permits authorizing two American hunters to import the trophies they garnered in legal hunts of black rhinoceros in Namibia. The groups...

Klamath-Siskiyou Wildlands Center v. MacWhorter

The Ninth Circuit reversed a lower court decision dismissing an environmental group's ESA lawsuit against the U.S. Forest Service concerning the agency's approval of suction dredge mining projects in the Rogue River-Siskiyou National...

Loggerhead Turtle v. County Council of Volusia County, Fla.

The court holds that the U.S. Supreme Court's decision in Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598 (2001), did not prohibit the use of the catalyst test as...

Center for Biological Diversity v. Norton

The court affirms a district court decision rejecting an environmental group's claims for attorney fees in connection with their lawsuit against the U.S. Department of the Interior (DOI) in which they sought the listing of the Arkansas...

Hawaii County Green Party v. Clinton

The court denies environmental groups' motion to reopen a previous action and dismisses the groups' current action against the federal government in which the groups allege that the U.S. Navy violated the National Environmental Policy...

Klamath Siskiyou Wildlands Ctr. v. Babbitt

The court holds that environmental groups are entitled to an award of attorney fees under the Endangered Species Act (ESA) in connection with their lawsuit against the U.S. Department of the Interior (DOI) for failing to timely publish...

Marbled Murrelet v. Babbitt

The court holds that a prevailing logging company was not entitled to attorney fees in a lawsuit brought by an environmental group under the Endangered Species Act (ESA). The court first holds that it will only allow attorney fees to a...