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Endangered Species Act (ESA)

Austin v. Kinder Morgan Texas Pipeline, LLC

A district court denied local government entities' and landowners' request to temporarily halt construction of a 430-mile natural gas pipeline in Texas. Plaintiffs argued that allowing construction without an incidental take permit...

New Mexico Farm and Livestock Bureau v. United States Department of Interior

The Tenth Circuit reversed and remanded a district court ruling upholding FWS' designation of critical habitat for the endangered jaguar. Ranching groups challenged the designation because it did not comport with the ESA's requirement...

Center for Biological Diversity v. Bernhardt

A district court dismissed a challenge to FWS' development of guidelines implementing its species status assessments (SSA) program under the ESA. An environmental group argued that the Service failed to provide public notice and an...

Center for Biological Diversity v. United States Fish and Wildlife Service

A district court held that FWS must reconsider its approval of a proposed open-pit copper mine in the Coronado National Forest. An environmental group argued the agency improperly used a heightened standard of review when it determined...

Public Employees for Environmental Responsibility v. Bernhardt

A district court dismissed for lack of standing a challenge to FWS' decision to delist the threatened Louisiana black bear under the ESA. Individuals and nonprofit groups challenged the Service's conclusions in its decision that the...

"Significant Portion of Its Range": Statutory Interpretation of the ESA

The Endangered Species Act defines an endangered species as one at risk of extinction “throughout all or a significant portion of its range.” The U.S. Department of the Interior (DOI) has repeatedly defined “significant portion” to mean...

Center for Biological Diversity v. Everson

A district court held that FWS' decision to list the northern long-eared bat as threatened rather than endangered under the ESA was arbitrary and capricious. Environmental groups argued that the rationale FWS relied on to reach its...

WildEarth Guardians v. United States Army Corps of Engineers

The Tenth Circuit held that the U.S. Army Corps of Engineers was not required to consult with FWS about alternative water management policies in the Rio Grande River that would help protect the endangered southwestern willow flycatcher...

General Land Office of Texas v. United States Department of the Interior

The Fifth Circuit vacated FWS' 2016 decision denying a petition to delist the golden-cheeked warbler, which was listed as an endangered species under the ESA in 1990. Texas' General Land Office argued that the decision violated NEPA...

Delacroix Corp. v. Becerra

A district court temporarily blocked a California law banning the import and sale of alligator and crocodile products. The court noted, however, that the California Department of Fish and Wildlife can continue to enforce laws that bar...

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