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Endangered Species Act (ESA)

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...

Center for Biological Diversity v. Ross

A district court vacated exempted fishing permits issued by NMFS that allowed two vessels to engage in commercial longline fishing in federal waters off the coast of California for two years. Environmental groups contended that the...

Ongoing Actions, Ongoing Issues: Trying Again to Free Federal Dams From the ESA

Federal dams have been the focus of major disputes involving application of the Endangered Species Act (ESA), especially its §7 prohibitions on federal actions causing jeopardy to protected species. Operating agencies and project...

2019 Endangered Species Act Regulatory Revisions

The U.S. Department of the Interior and National Oceanic and Atmospheric Administration recently finalized comprehensive changes in how the Endangered Species Act (ESA) is implemented. These changes address the species listing process,...