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 denied various states' motion to issue a preliminary injunction compelling the U.S. Army Corps of Engineers to take all available measures to prevent the emigration of…
The Ninth Circuit held that the National Marine Fisheries Service (NMFS) violated the Marine Mammal Protection Act (MMPA), but not NEPA, when it authorized Idaho, Oregon, and Washington to kill up…
The Ninth Circuit reversed a lower court's grant of summary judgment in favor of an environmental group requiring the USDA, under FOIA, to disclose the GPS coordinates of wolf…
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 First Circuit affirmed a lower court decision denying a motion to enjoin Maine state officials from allowing the use of any foothold traps to prevent the incidental take of Canadian lynx,…
The Tenth Circuit held that the Migratory Bird Treaty Act (MBTA) applies a strict liability standard to the taking or killing of migratory birds but that it requires a defendant to proximately…
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…