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Threatened species listing

Colorado v. United States Fish and Wildlife Service

A district court denied Colorado's and Utah's request to vacate FWS' decision to list the Gunnison sage grouse species as threatened under the ESA. The states argued that many of the agency's claimed threats to the species were...

Crow Indian Tribe v. United States

A district court issued a temporary restraining order on the scheduled opening of grizzly bear hunting in Idaho and Wyoming. A Native American tribe argued that FWS violated the ESA when it removed the Greater Yellowstone Ecosystem...

Desert Survivors v. U.S. Department of the Interior

A district court vacated and set aside FWS' 2015 decision not to list an isolated population of greater sage grouse as threatened under the ESA. The court's ruling follows an order previously issued by that court granting summary...

Desert Survivors v. U.S. Department of the Interior

A district court held that FWS' decision to withdraw its proposed listing of the "bi-state sage grouse" as threatened under the ESA was arbitrary and capricious. FWS recognized that one of the studies it relied on was questionable. In...

Alaska Oil & Gas Ass'n v. Ross

The Ninth Circuit held that NOAA did not go beyond its authority when it took climate change into account when considering the ESA status of the Arctic ringed seal. In 2012, NOAA listed the Arctic ringed seal as threatened based on...

Alaska Oil & Gas Ass'n v. Pritzker

The Ninth Circuit upheld NMFS' decision to list a distinct population segment (DPS) of the Pacific bearded seal under the ESA based on future impacts of climate change. Using climate projections, NMFS determined that even though the...

Defenders of Wildlife v. Jewell

A district court held that FWS violated the ESA when it decided not to list the wolverine as a threatened species. FWS proposed to list the wolverine in 2013, but then changed course in 2014 and withdrew the proposal; this lawsuit...

Greater Yellowstone Coalition v. Servheen

The Ninth Circuit affirmed in part and reversed in part a lower court decision vacating the FWS' decision to remove the Yellowstone distinct population segment of grizzly bears from the ESA's threatened species list. Given the lack...

Polar Bear Endangered Species Act Listing

A district court, in a 116-page opinion, upheld the FWS' final rule listing the polar bear as a threatened species under the ESA....

American Wildlands v. Norton

The court holds that the U.S. Fish and Wildlife's (FWS') decision that the westlope cutthroat trout (WCT) did not warrant listing as an endangered or threatened species was arbitrary and capricious. The FWS concluded that listing the...