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

A district court held that the FWS' biological opinion (BiOp) for the U.S. Army's proposed ongoing and future operations at Fort Huachuca—a major military installation in southeastern…

A district court held that the U.S. Forest Service's Public Wheeled Motorized Travel Management Decision for the Eldorado National Forest violated the ESA and the National Forest…

A district court, on a motion to amend judgment, extended the FWS' deadline for completing its biological opinion (BiOp) for the threatened delta smelt as well as the Bureau of Reclamation…

The Ninth Circuit held that a U.S. Forest Service decision that a proposed mining operation may proceed based on the miner's notice of intent (NOI) does not constitute an "agency…

The Tenth Circuit held that an individual's conviction under the Bald and Golden Eagle Protection Act for unlawfully possessing 141 eagle feathers does not violate the Religious Freedom…

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…

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 Third Circuit upheld regulations issued by the National Marine Fishery Service (NMFS) implementing an amendment to the Atlantic Sea Scallop Fishery Management Plan that, among other things…

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…