A district court vacated the FWS' removal of the Virginia Northern Flying Squirrel from the list of endangered species. Instead of applying the criteria set forth in the squirrel's…

The Ninth Circuit held that ESA §§7 and 9, as applied to the California delta smelt, do not violate the Commerce Clause. In 2008, the FWS issued a biological opinion (BiOp) to the Bureau of…

The Fourth Circuit held that a biological opinion issued by the National Marine Fisheries Service as part of EPA's process of reregistering the insecticides chlorpyrifos, diazinon, and…

A district court upheld the FWS' biological opinion and the U.S. Forest Service's EIS and record of decision for the Idaho Roadless Rule. The court therefore denied environmental…

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 and Game did not violate…

The Ninth Circuit held that FWS' biological opinion addressing a hatchery project's impact on the bull trout in the Columbia River violates the ESA. Although the hatchery project is…

A district court remanded the FWS' final rule listing the polar bear as a “threatened” species under the ESA. Shortly after FWS issued the rule, several groups filed suit, some arguing…

The Ninth Circuit upheld the FWS' designation of critical habitat for the Mexican Spotted Owl. A cattle growers' association argued that the FWS unlawfully designated areas containing no…

A district court granted environmental groups’ motion for summary judgment finding that the NMFS and the FWS (collectively, the Services) acted arbitrarily and capriciously in failing to consider…

A district court enjoined an energy company from building additional wind turbines at a wind farm project in West Virginia until it obtains an incidental take permit under the ESA for the Indiana…