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Enforcement and penalties, §11

Coho Salmon v. Pacific Lumber Co.

The court holds that environmental organizations have standing to assert an Endangered Species Act (ESA) §9 claim against a lumber company whose timber harvesting operations are allegedly causing the take of coho salmon. The court first...

Sierra Club v. Glickman

The court holds that the U.S. Department of Agriculture (USDA) violated Endangered Species Act (ESA) §7(a)(1) by failing to consult with the U.S. Fish and Wildlife Service (FWS) in carrying out endangered species conservation programs...

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

The court holds that a Florida county's Endangered Species Act (ESA) §10 incidental take permit does not authorize it to take protected sea turtles through purely mitigatory measures associated with artificial beachfront lighting. The...

Earth Island Inst. v. Albright

The court vacates two Court of International Trade orders that were issued after an environmental group withdrew its motion to enforce the Court of International Trade's ruling pertaining to the enforcement of turtle excluder device...

United States v. McKittrick

The court upholds a hunter's conviction for taking and possessing a gray wolf in violation of the Endangered Species Act (ESA), and transporting the gray wolf in violation of the Lacey Act. The hunter shot and killed a gray wolf that...

United States v. Clavette

The court holds that a hunter convicted of killing a grizzly bear without a permit in violation of the Endangered Species Act (ESA) §9(a)(1)(G) was not entitled to a jury trial. The court first holds that the offense was a petty offense...

National Ass'n of Home Builders v. Babbitt

The court holds that home builders lack standing to bring an Endangered Species Act (ESA) §11 citizen suit against the U.S. Department of the Interior and the U.S. Fish and Wildlife Service for issuing a technical correction to a final...

Hawksbill Sea Turtle v. Federal Emergency Management Agency

The court holds that property owners and residents failed to satisfy Endangered Species Act (ESA) §11 notice requirements in their suit against the Federal Emergency Management Agency (FEMA) concerning an emergency housing project's...