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Interagency consultation, §7(a)

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In an unpublished opinion, the Ninth Circuit reversed in part and affirmed in part a summary judgment in favor of NMFS and the U.S. Army Corps of Engineers in a challenge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...

National Parks Conservation Ass'n v. U.S. Department of the Interior

The Eleventh Circuit upheld the National Park Service's (NPS') wilderness assessment and management plan for the addition of approximately 112,400 acres of land to the Big Cypress National Preserve in Florida, including its decision to...

Cottonwood Environmental Law Center v. United States Forest Service

The Ninth Circuit held that the U.S. Forest Service violated ESA §7 when it failed to reinitiate consultation after FWS designated critical habitat for the Canada lynx on National Forest land. In 2006, FWS designated critical habitat...

Alaska Wilderness League v. Jewell

The Ninth Circuit upheld the Bureau of Safety and Environmental Enforcement's (BSEE's) approval of oil spill response plans for an oil company's leases in the Beaufort and Chukchi Seas on Alaska's Arctic coast. Several environmental...