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Federal actions, §7

Shafer & Freeman Lakes Environmental Conservation Corp. v. Federal Energy Regulatory Commission

The D.C. Circuit granted in part, denied in part, and dismissed in part a petition to review FERC's approval of changes to dam operations in northwest Indiana after determining that the hydroelectric dam partially caused mussel deaths,...

Sovereign Iñupiat for a Living Arctic v. Bureau of Land Management

A district court denied environmental groups' motions to enjoin an oil company from undertaking construction this winter on an oil and gas project in the National Petroleum Reserve-Alaska. One group argued BLM violated the ESA by...

Red Wolf Coalition v. United States Fish and Wildlife Service

A district court granted a motion to preliminarily enjoin FWS from implementing its policy barring the release of captive red wolves into a recovery area in North Carolina. Environmental groups argued FWS violated §7(a)(2) of the ESA by...

WildEarth Guardians v. U.S. Forest Service

A district court denied FWS' and the Forest Service's motion to dismiss a challenge to their bear baiting policy for black bear hunting in national forests in Idaho and Wyoming. Environmental groups argued that the number of grizzly...

Center for Biological Diversity v. Bernhardt

The Ninth Circuit vacated the Bureau of Ocean Energy Management’s (BOEM’s) approval of an offshore drilling and production facility in the Beaufort Sea. Environmental groups argued that BOEM violated NEPA by arbitrarily and capriciously...

Institute for Fisheries Resources v. United States Food and Drug Administration

A district court granted in part and denied in part advocacy and industry groups' motion for summary judgment in a challenge to FDA's decision to allow a company to create and farm genetically engineered salmon. The groups argued that...

Center for Biological Diversity v. Bernhardt

A district court dismissed for lack of standing a challenge to FWS' and NMFS' issuance of rules that revised key requirements of ESA's implementing regulations. Conservation groups argued that the rules failed to provide an adequate EIS...

California Natural Resources Agency v. Ross

A district court preliminarily enjoined the Bureau of Reclamation from expanding water export operations in California's Central Valley based on biological opinions (BiOps) adopted by NMFS and FWS in 2019. California and environmental...

Northern Plains Resource Council v. U.S. Army Corps of Engineers

A district court amended a previous order that vacated a nationwide permit (NWP 12) reissued by the U.S. Army Corps of Engineers and enjoined the Corps from authorizing any dredge or fill activities under the permit pending completion...

Northern Plains Resource Council v. U.S. Army Corps of Engineers

A district court vacated a nationwide permit reissued by the U.S. Army Corps of Engineers that allowed for construction of the Keystone XL Pipeline across waterways. Environmental groups argued the reissuance violated the ESA by failing...

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