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Interagency consultation, §7(a)

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...

WildEarth Guardians v. United States Army Corps of Engineers

The Tenth Circuit held that the U.S. Army Corps of Engineers was not required to consult with FWS about alternative water management policies in the Rio Grande River that would help protect the endangered southwestern willow flycatcher...

Conservation Law Foundation v. Ross

A district court enjoined a NMFS rule that opened two areas of previously protected North Atlantic right whale habitat off the New England coast to gillnet fishing. An environmental group argued that the Sustainable Fisheries Division (...

Friends of the River v. National Marine Fisheries Service

In an unpublished opinion, the Ninth Circuit reversed in part and affirmed in part a summary judgment in favor of NMFS and the U.S. Army Corps of Engineers in a challenge against NMFS' 2014 opinions that reversed its decades-long...

American Fuel & Petrochemical Manufacturers v. Environmental Protection Agency

The D.C. Circuit granted a petition to review EPA's 2018 rule that set renewable fuel applicable volumes and percentage standards under the Renewable Fuel Standard Program. Environmental groups argued that the Agency violated the ESA by...

Idaho Conservation League v. U.S. Forest Service

A district court ordered the U.S. Forest Service to engage in formal consultation with other federal agencies to protect listed fish species being harmed by water diversions from the Salmon River in Idaho's Sawtooth National Recreation...

Environmental Defense Center v. Bureau of Ocean Energy Management

A district court granted in part and denied in part environmental groups' motion for summary judgment relating to a proposal to permit hydraulic fracturing operations off the coast of California. The groups argued that the Bureau of...

Friends of the Santa Clara River v. United States Army Corps of Engineers

The Ninth Circuit upheld the U.S. Army Corps of Engineers' issuance of a CWA §404 permit authorizing the discharge of materials into the Santa Clara River as part of a large-scale residential, commercial, and industrial development...

Alliance for the Wild Rockies v. Christiensen

The Ninth Circuit upheld a lower court decision enjoining two wildfire reduction projects in the Gallatin National Forest—the Bozeman Municipal Watershed Project and the East Boulder Project—because FWS and the U.S. Forest Service...