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Endangered Species Act (ESA)

Southwest Ctr. for Biological Diversity v. Babbitt

The court holds that a district court acted outside its authority when it ordered the U.S. Fish and Wildlife Service (FWS) to conduct an onsite population count of the Queen Charlotte goshawk in order to determine if the species should...

Klamath Siskiyou Wildlands Ctr. v. Babbitt

The court holds that environmental groups are entitled to an award of attorney fees under the Endangered Species Act (ESA) in connection with their lawsuit against the U.S. Department of the Interior (DOI) for failing to timely publish...

Gibbs v. Babbitt

The court holds that a U.S. Fish and Wildlife Service (FWS) regulation that prohibits private landowners in Tennessee and North Carolina from intentionally taking red wolves found on their property unless the wolf is attacking or has...

Delisting Endangered Species: An Aspirational Goal, Not a Realistic Expectation

On March 11, 1967, the U.S. Fish and Wildlife Service (FWS) promulgated the first formal list of U.S. endangered species.1 Since then, the protection afforded listed species by federal law has increased...

Loggerhead Turtle v. County Council of Volusia County, Fla.

The court grants summary judgment to the U.S. Department of the Interior in a citizen suit action brought against it under the Endangered Species Act (ESA) and the Administrative Procedure Act challenging the U.S. Fish and Wildlife...

The Annihilation of Sea Turtles: World Trade Organization Intransigence and U.S. Equivocation

In the case of United States-Import Prohibition of Certain Shrimp and Shrimp Products (US-Shrimp),1 the Appellate Body of the General Agreement on Tariffs and Trade's (GATT's) World Trade...

Defenders of Wildlife v. Bernal

The court affirms a district court order lifting a temporary restraining order and denying environmental groups' motion to permanently enjoin the construction of a new school on property that allegedly contains potential habitat for the...

Greenpeace v. National Marine Fisheries Serv.

The court holds that the National Marine Fisheries Service (NMFS) violated the Endangered Species Act (ESA) by failing to prepare a biological opinion (BO) that properly addressed how the North Pacific fishery management plans (FMPs)...

Wyoming Farm Bureau Fed'n v. Babbitt

The court holds that the U.S. Department of the Interior's (DOI's) final rules governing the reintroduction of a nonessential experimental population of gray wolves in Yellowstone National Park and central Idaho did not violate the...

The Potential and the Pitfalls of Habitat Conservation Planning Under the Endangered Species Act

Editors' Summary: The ESA is simultaneously the most popular and most hated of environmental statutes. Conservationists fervently support the ESA's mission of preventing the extinction of our country's fish, wildlife, and plants,...