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Incidental taking

WildEarth Guardians v. U.S. Forest Service

A magistrate judge granted in part and denied in part the Forest Service's and FWS' motion to dismiss a lawsuit concerning a Forest Service policy that allows states to decide whether bait can be used to hunt black bears in national...

Strahan v. Secretary

A district court ordered the Massachusetts Executive Office of Energy and Environment Affairs (MEOEEA) to seek an incidental take permit pursuant to the ESA before issuing licenses that allow fishermen to use vertical buoy ropes (VBRs)...

Center for Biological Diversity v. Ross

A district court held that NMFS violated the ESA by approving a U.S. lobster fishery without adequately considering the fishery's impact on the endangered North Atlantic right whale. Conservation groups argued the agency violated the...

Austin v. Kinder Morgan Texas Pipeline, LLC

A district court denied local government entities' and landowners' request to temporarily halt construction of a 430-mile natural gas pipeline in Texas. Plaintiffs argued that allowing construction without an incidental take permit...

Ksanka Kupaqa Xa'cin v. United States Fish and Wildlife Service

A district court denied summary judgment in a lawsuit concerning potential harms to local trout populations from a proposed copper and silver mine in Montana. Environmental groups and a Native American tribe argued that FWS violated the...

Defenders of Wildlife v. United States Department of the Interior

The Fourth Circuit vacated a biological opinion and incidental take statement issued by FWS in connection with a proposed natural gas pipeline that would run from West Virginia to North Carolina. Environmental groups argued that FWS...

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...

Sierra Club v. United States Department of the Interior

The Fourth Circuit, in an unpublished decision, vacated FWS' incidental take statement that authorized a pipeline project along the Atlantic coast to take certain threatened or endangered species. The limits set by the agency were so...

Union Neighbors v. Jewell

The D.C. Circuit held that FWS violated NEPA when it issued an incidental take permit for the Indiana bat, an endangered species, in connection with a wind farm project in Ohio. Because the farm may pose a danger to the bat, the...

Public Employees for Environmental Responsibility v. Hopper

The D.C. Circuit reversed and remanded a lower court decision that the Bureau of Ocean Energy Management (BOEM) complied with NEPA and that FWS complied with the ESA in connection with a wind energy project on Nantucket Sound....