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Federal actions, §7

Institute for Fisheries Resources v. United States Food and Drug Administration

A district court granted in part and denied in part advocacy and industry groups' motion for summary judgment in a challenge to FDA's decision to allow a company to create and farm genetically engineered salmon. The groups argued that...

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...

California Natural Resources Agency v. Ross

A district court preliminarily enjoined the Bureau of Reclamation from expanding water export operations in California's Central Valley based on biological opinions (BiOps) adopted by NMFS and FWS in 2019. California and environmental...

Northern Plains Resource Council v. U.S. Army Corps of Engineers

A district court amended a previous order that vacated a nationwide permit (NWP 12) reissued by the U.S. Army Corps of Engineers and enjoined the Corps from authorizing any dredge or fill activities under the permit pending completion...

Northern Plains Resource Council v. U.S. Army Corps of Engineers

A district court vacated a nationwide permit reissued by the U.S. Army Corps of Engineers that allowed for construction of the Keystone XL Pipeline across waterways. Environmental groups argued the reissuance violated the ESA by failing...

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...

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,...

Conservation Law Foundation v. Ross

A district court enjoined a NMFS rule that opened two areas of previously protected North Atlantic right whale habitat off the New England coast to gillnet fishing. An environmental group argued that the Sustainable Fisheries Division (...

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