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Endangered Species Act (ESA)

National Ass'n of Home Builders v. Babbitt

The court holds that home builders lack standing to bring an Endangered Species Act (ESA) §11 citizen suit against the U.S. Department of the Interior and the U.S. Fish and Wildlife Service for issuing a technical correction to a final...

Fund for Animals v. Thomas

The court holds that the U.S. Forest Service policy of leaving game "baiting" regulation in the National Forest System to the states complies with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). The...

Strahan v. Coxe

The court vacates part of an injunction requiring state environmental agency officials to apply for a permit under the Marine Mammal Protection Act (MMPA) for takings caused by the agency's permitting and licensing operations, but...

Hawksbill Sea Turtle v. Federal Emergency Management Agency

The court holds that property owners and residents failed to satisfy Endangered Species Act (ESA) §11 notice requirements in their suit against the Federal Emergency Management Agency (FEMA) concerning an emergency housing project's...

National Ass'n of Home Builders v. Babbitt

The court holds that the Endangered Species Act's (ESA's) prohibition on the "take" of endangered species is not unconstitutional as applied to purely local activities that affect a fly that exists only in California. The court first...

Judicial Application of the Endangered Species Act and the Implications for Takings of Protected Species and Private Property

It may seem curious to some that the survival of a relatively small number of three-inch fish among all the countless millions of species extant would require the permanent halting of a virtually completed dam for which Congress has...

Sweet Home and the Narrowing of Wildlife "Take" Under Section 9 of the Endangered Species Act

Editors' Summary: The Supreme Court's recent Sweet Home decision validated the U.S. Fish and Wildlife Service's regulation defining "harm" under the ESA to include habitat modification. The decision leaves private landowners facing...

Experimenting With Experimental Populations

Editors' Summary: ESA § 10(j), the Act's experimental population provision, allows the U.S. Fish and Wildlife Service (FWS) to release populations of threatened and endangered species into their historic range without complying...

Babbitt v. Sweet Home Chapter of Communities for a Great Oregon: A Clarion Call for Property Rights Advocates

Editors' Summary: Property rights advocates implicitly complained in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon that a Fish and Wildlife Service regulation that aimed to protect endangered and threatened species...

Douglas County v. Babbitt

The court holds that the National Environmental Policy Act (NEPA) does not apply to the Secretary of the Interior's designation of critical habitat under the Endangered Species Act (ESA). The court first holds that an Oregon county has...