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Endangered Species Act (ESA)

Friends of the Clearwater v. Higgins

A district court denied environmental groups' motion to preliminarily enjoin a commercial logging and road construction project in the Idaho Panhandle National Forests. The groups argued that the Forest Service violated the ESA by...

Crow Indian Tribe v. United States

The Ninth Circuit affirmed in part and remanded in part a district court order remanding to FWS several issues concerning its 2017 rule removing ESA protections for the Greater Yellowstone grizzly bear population. The district court...

Defining Habitat to Promote Conservation Under the ESA

The U.S. Supreme Court’s opinion in Weyerhaeuser Co. v. U.S. Fish & Wildlife Service raises important questions about the scope of the Endangered Species Act’s (ESA’s) protections for critical habitat. Foremost among them...

Helena Hunters and Anglers Ass'n v. Marten

A district court granted in part summary judgment for nonprofit groups in a suit concerning a logging project in the Helena-Lewis and Clark National Forest. One group argued the project violated the Roadless Rule because the Forest...

Western Watersheds Project v. Bernhardt

A district court denied a motion to preliminarily enjoin grizzly bear killings in connection with a 2019 biological opinion and incidental take statement issued by FWS that allow for their lethal removal in Bridger-Teton National Forest...

Oregon-California Trails Ass'n v. Walsh

A district court vacated an incidental take permit issued by FWS for a transmission line project on a historic section of the Oregon and California Trail in Nebraska. Companies and conservation groups argued that FWS' decision to issue...

Friends of Animals v. Bernhardt

The D.C. Circuit upheld FWS' withdrawal of prior findings for elephant trophy hunting in southern Africa. Conservation groups argued that FWS violated the APA by withdrawing its prior findings without providing notice and comment. The...

Species Protection as a Natural Climate Solution

This Article, adapted from Chapter 16 of What Can Animal Law Learn From Environmental Law?, 2d Edition (ELI Press, forthcoming 2020), explores existing and potential wildlife conservation policies that could play a vital role in...

American Stewards of Liberty v. Department of Interior

The Fifth Circuit dismissed a challenge to FWS' constitutional authority to regulate activities affecting the Bone Cave harvestman, a small arachnid known to live only in caves in central Texas that is currently listed as endangered...

Center for Biological Diversity v. Bernhardt

A district court dismissed for lack of standing a challenge to FWS' and NMFS' issuance of rules that revised key requirements of ESA's implementing regulations. Conservation groups argued that the rules failed to provide an adequate EIS...

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