Jump to Navigation
Jump to Content

Incidental taking

Wildearth Guardians v. United States Fish and Wildlife Service

A district court granted in part environmental groups' motion for summary judgment in a challenge to FWS' administration of a wildlife export program under the Convention on International Trade in Endangered Species (CITES). The groups...

Sierra Club v. United States Department of the Interior

The Fourth Circuit, in an unpublished decision, vacated FWS' incidental take statement that authorized a pipeline project along the Atlantic coast to take certain threatened or endangered species. The limits set by the agency were so...

Union Neighbors v. Jewell

The D.C. Circuit held that FWS violated NEPA when it issued an incidental take permit for the Indiana bat, an endangered species, in connection with a wind farm project in Ohio. Because the farm may pose a danger to the bat, the...

Public Employees for Environmental Responsibility v. Town of Barnstable, Mass.

The D.C. Circuit reversed and remanded a lower court decision that the Bureau of Ocean Energy Management (BOEM) complied with NEPA and that FWS complied with the ESA in connection with a wind energy project on Nantucket Sound....

Mayo v. Jarvis

A district court remanded a portion of FWS’ addendum to a 2007 biological opinion concerning the incidental take of grizzly bears in the Grand Teton National Park. In 2007, FWS and the National Park Service (NPS) issued a joint 15-year...

Shearwater v. Ashe

A district court held that FWS violated NEPA when it issued a rule increasing from five years to 30 years the maximum duration of programmatic permits for wind energy developers to take bald and golden eagles. FWS issued the rule in...

Bear Valley Mutual Water Co. v. Jewell

The Ninth Circuit upheld a 2010 FWS rule designating critical habitat for the threatened Santa Ana sucker, a small freshwater fish native to several California rivers and streams. In 2004, FWS approved a habitat conservation plan that...

Klamath-Siskiyou Wildlands Center v. National Oceanic & Atmospheric Administration

A district court held that FWS and the National Marine Fisheries Service (NMFS) violated the ESA and NEPA when they issued 50-year incidental take permits to a farm to take the northern spotted owl and the Southern Oregon/Northern...

Aransas Project v. Shaw

The Fifth Circuit reversed a lower court decision barring the Texas Commission on Environmental Quality (TCEQ) from issuing new permits to withdraw water from rivers that feed...

Public Employees for Environmental Responsibility v. Beaudreau

A district court largely upheld several administrative decisions made by federal agencies approving the construction of various aspects of an offshore wind energy project in Nantucket Sound, remanding only two issues to FWS and the...