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Endangered Species Act (ESA)

Wildearth Guardians v. United States Fish and Wildlife Service

A district court granted in part environmental groups' motion for summary judgment in a challenge to FWS' administration of a wildlife export program under the Convention on International Trade in Endangered Species (CITES). The groups...

Wildearth Guardians v. United States Department of Justice

In an unpublished opinion, the Ninth Circuit vacated a district court's order granting summary judgment to environmental groups challenging DOJ's McKittrick policy. The groups argued before the district court that the policy, which...

Center for Biological Diversity v. Ross

A district court granted environmental groups' request for discovery relevant to the lobster fishing industry's impact on the endangered North Atlantic right whale. The groups argued that NMFS violated its ongoing duty under §7 of the...

Colorado v. United States Fish and Wildlife Service

A district court denied Colorado's and Utah's request to vacate FWS' decision to list the Gunnison sage grouse species as threatened under the ESA. The states argued that many of the agency's claimed threats to the species were...

Otay Mesa Property, L.P. v. United States Department of the Interior

A district court vacated FWS' designation of land in California as critical habitat for the endangered Riverside fairy shrimp. Property owners argued that the agency improperly designated 56 acres of land as "occupied" habitat even...

Crow Indian Tribe v. United States

A district court vacated FWS' decision to delist the Greater Yellowstone Ecosystem population of grizzly bears. Environmental groups argued that the agency violated the APA by failing to consider the impact of delisting on other...

Crow Indian Tribe v. United States

A district court issued a temporary restraining order on the scheduled opening of grizzly bear hunting in Idaho and Wyoming. A Native American tribe argued that FWS violated the ESA when it removed the Greater Yellowstone Ecosystem...

Desert Survivors v. U.S. Department of the Interior

A district court vacated and set aside FWS' 2015 decision not to list an isolated population of greater sage grouse as threatened under the ESA. The court's ruling follows an order previously issued by that court granting summary...

Center for Biological Diversity v. Zinke

The Ninth Circuit reversed in part a district court's summary judgment that upheld FWS' decision not to list the arctic grayling as an endangered or threatened species under the ESA. Environmental groups argued that FWS erred in...

Hybridizing Law: A Policy for Hybridization Under the Endangered Species Act [Abstract]

With the new technologies, many species we are currently protecting could technically be unsuitable for protection based on a rigid interpretation of the ESA. A defined hybrid policy must be adopted, taking into consideration the twin...