Endangered Species Act (ESA)

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…

A district court upheld the U.S. Department of Homeland Security's (DHS') decision to waive the legal requirements of NEPA, ESA, and CZMA for two border wall construction projects in San…

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…

A district court held that FWS applied an improper standard when it concluded there was not adequate scientific evidence to warrant listing the Yellowstone bison population under the ESA.…

The Eleventh Circuit held that the Miami Seaquarium’s treatment of a captive orca named Lolita doesn’t seriously threaten her life. Animal activists sued the aquarium, alleging it is perpetrating…

The Ninth Circuit held that FWS did not violate the Migratory Bird Treaty Act (MBTA) when it authorized the taking of the barred owl to help the recovery of the spotted owl. The spotted owl was…

A district court held that the state of Texas cannot challenge the listing of the golden-cheeked warbler as endangered under the ESA. The state brought a lawsuit against FWS alleging that the…

The Ninth Circuit reversed a lower court's grant of an injunction to halt a logging project in Oregon. A conservation group brought a citizen suit under the ESA challenging a logging project…

A district court held that a Forest Service fire salvage restoration project could proceed despite its risk to protected species. The Cedar Fire began on August 16, 2016, and burned for three…

A district court held that the approval of a mining project in Montana violated the ESA. A mining company submitted a plan to the Forest Service and the Montana Department of Environmental Quality…