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"Take," §9(a)(1)(B)

Red Wolf Coalition v. United States Fish and Wildlife Service

A district court permanently enjoined FWS from taking endangered red wolves in a challenge against the agency's authorizations of takes of the species on private property. Environmental groups argued that the agency violated the ESA by...

Center for Biological Diversity v. Ross

A district court granted environmental groups' request for discovery relevant to the lobster fishing industry's impact on the endangered North Atlantic right whale. The groups argued that NMFS violated its ongoing duty under §7 of the...

Kuehl v. Sellner

The Eighth Circuit affirmed a lower court decision that a zoo violated the ESA due to its mistreatment of endangered lemurs and tigers. On appeal, the zoo argued that the animal rights activists who filed the suit lacked standing. The...

Red Wolf Coalition v. United States Fish & Wildlife

A district court issued a preliminary injunction enjoining FWS from conducting or authorizing the take of wild red wolves on private land without first demonstrating that the wolf at issue is a threat to humans, pets, or livestock....

Center for Biological Diversity v. Otter

A district court ordered the state of Idaho to propose a plan to protect the Canada lynx, a threatened species, from being inadvertently captured or killed in northern Idaho due to traps set by trappers intending to lure other species....

Aransas Project v. Shaw

The Fifth Circuit denied a motion to rehear its earlier decision that the Texas Commission on Environmental Quality (TCEQ) did not cause the unlawful take of endangered whooping...

Aransas Project v. Shaw

A district court held that the Texas Commission on Environmental Quality violated ESA §9 by failing to properly manage freshwater inflows into the San Antonio and Guadalupe bays during the 2008-2009 winter, thereby causing an unlawful...

Northern California River Watch v. Wilcox

The Ninth Circuit amended dicta set forth in its prior opinion at 40 ELR 20233, which held that property owners and three employees of the California Department of Fish...

When Aliens Invade: Regulating the Release of Exotic Species Through the "Takings Clause" of the Endangered Species Act

In May 2002, biologists made a surprising discovery—snakehead fish had proliferated in a small pond in Crofton, Maryland.1 Snakeheads are a native fish of China and Korea, capable of tolerating extreme...

Cross-Examining Market Approaches to Protecting Endangered Species

If a value system is simply presupposed and obeyed as the given structure of the world that all are made to accept and serve, it can become systematically destructive without our knowing there is a moral choice involved.1...