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Incidental taking

Oceana, Inc. v. Ross

A district court remanded to NMFS for a third time in a decades-long lawsuit concerning the Service's incidental take statement (ITS) assessing the impact of dredge fishing on loggerhead sea turtles in the Atlantic. A conservation group...

Alliance for the Wild Rockies v. Burman

A district court denied a motion to dismiss or stay a challenge to the Bureau of Reclamation's alleged ongoing, unpermitted take of bull trout near Glacier National Park. An environmental group argued the Bureau's water control and...

Western Watersheds Project v. Bernhardt

A district court denied a motion to preliminarily enjoin grizzly bear killings in connection with a 2019 biological opinion and incidental take statement issued by FWS that allow for their lethal removal in Bridger-Teton National Forest...

Oregon-California Trails Ass'n v. Walsh

A district court vacated an incidental take permit issued by FWS for a transmission line project on a historic section of the Oregon and California Trail in Nebraska. Companies and conservation groups argued that FWS' decision to issue...

WildEarth Guardians v. U.S. Forest Service

A magistrate judge granted in part and denied in part the Forest Service's and FWS' motion to dismiss a lawsuit concerning a Forest Service policy that allows states to decide whether bait can be used to hunt black bears in national...

Strahan v. Secretary

A district court ordered the Massachusetts Executive Office of Energy and Environment Affairs (MEOEEA) to seek an incidental take permit pursuant to the ESA before issuing licenses that allow fishermen to use vertical buoy ropes (VBRs)...

Center for Biological Diversity v. Ross

A district court held that NMFS violated the ESA by approving a U.S. lobster fishery without adequately considering the fishery's impact on the endangered North Atlantic right whale. Conservation groups argued the agency violated the...

Austin v. Kinder Morgan Texas Pipeline, LLC

A district court denied local government entities' and landowners' request to temporarily halt construction of a 430-mile natural gas pipeline in Texas. Plaintiffs argued that allowing construction without an incidental take permit...

Ksanka Kupaqa Xa'cin v. United States Fish and Wildlife Service

A district court denied summary judgment in a lawsuit concerning potential harms to local trout populations from a proposed copper and silver mine in Montana. Environmental groups and a Native American tribe argued that FWS violated the...

Defenders of Wildlife v. United States Department of the Interior

The Fourth Circuit vacated a biological opinion and incidental take statement issued by FWS in connection with a proposed natural gas pipeline that would run from West Virginia to North Carolina. Environmental groups argued that FWS...