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Incidental taking

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...

Turtle Island Restoration Network v. Department of Commerce

The Ninth Circuit upheld a consent decree vacating a portion of a National Marine Fisheries Service (NMFS) regulation increasing the limit on incidental interactions between longline fishing boats and loggerhead turtles and reducing the...

Friends of the E. Fork, Inc. v. Thom

A district court granted environmental groups’ motion for summary judgment finding that the NMFS and the FWS (collectively, the Services) acted arbitrarily and capriciously in failing to consider a mining company’s preexisting...

Animal Welfare Inst. v. Beech Ridge Energy, LLC

A district court enjoined an energy company from building additional wind turbines at a wind farm project in West Virginia until it obtains an incidental take permit under the ESA for the Indiana bat, an endangered species. Indiana bats...

Oregon Natural Resources Council v. Allen

The court held that a U.S. Fish and Wildlife Service (FWS) incidental take statement authorizing the taking of all northern spotted owls associated with certain proposed timber harvests in the Pacific Northwest is invalid. As a result...

Center for Biological Diversity v. U.S. Fish & Wildlife Serv.

The court holds that the U.S. Fish and Wildlife Service's (FWS') decision not to designate critical habitat for the stickleback is not arbitrary and capricious, and that the FWS is not required to ensure compliance with federal and...

Environmental Info. Protection Ctr. v. U.S. Fish & Wildlife Serv.

A court dismisses an environmental group's Endangered Species Act (ESA) and National Environmental Policy Act claims against the U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration Fisheries concerning...

Seiber v. United States

The court holds that the U.S. Fish and Wildlife Service's (FWS') denial of an incidental take permit authorizing logging on 40 acres of protected owl habitat was neither a physical nor a regulatory taking. Contrary to the lower court's...

Spirit of the Sage Council v. Norton

The court holds that the no surprises rule, which provides regulatory assurances to holders of incidental take permits (ITPs) issued under the Endangered Species Act (ESA) that they will not be required to commit funds or resources...

Gerber v. Norton

The D.C. Circuit held that the U.S. Fish and Wildlife Service (FWS) violated the Endangered Species Act (ESA) by failing to make available for public comment critical information in connection with a developer's incidental take permit...