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Wildlife

Minimum Size Restrictions Are a Problem for Fisheries, Is Litigation the Solution?

Fisheries are tightly regulated under the broad Magnuson-Stevens Act, yet fish stocks widely remain either stagnant or in decline. Current management tools are failing to ensure that fish populations maintain the reproductive capacity...

California Cattlemen's Ass'n v. United States Fish & Wildlife Service

A district court denied motions to dismiss a lawsuit challenging the federal designation of over 1.8 million acres in the Sierra Nevada mountains as critical habitat for three amphibian species. Associations representing California...

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The Fourth Circuit, in an unpublished decision, vacated FWS' incidental take statement that authorized a pipeline project along the Atlantic coast to take certain threatened or endangered species.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

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

A district court held that FWS' decision to withdraw its proposed listing of the "bi-state sage grouse" as threatened under the ESA was arbitrary and capricious. FWS recognized that one of the studies it relied on was questionable. In...

Kuehl v. Sellner

The Eighth Circuit affirmed a lower court decision that a zoo violated the ESA due to its mistreatment of endangered lemurs and tigers. On appeal, the zoo argued that the animal rights activists who filed the suit lacked standing. The...

Friends of the Santa Clara River v. United States Army Corps of Engineers

The Ninth Circuit upheld the U.S. Army Corps of Engineers' issuance of a CWA §404 permit authorizing the discharge of materials into the Santa Clara River as part of a large-scale residential, commercial, and industrial development...

Current Developments in U.S. Fisheries Policy

The Trump Administration’s approach to fisheries management appears to constitute a significant policymaking shift. Recent NOAA decisions, such as extending the Gulf of Mexico red snapper season or overturning an Atlantic States Marine...

Center for Biological Diversity v. United States Fish & Wildlife Service

A district court held that FWS must comply with a FOIA request for information from its Law Enforcement Management Information System (LEMIS), which, among other things, the agency uses to track species being imported or exported;...

Small Critter, Big Problem: Protecting the Pearl River Map Turtle in Mississippi

Mississippi has 47 animal species federally protected under the Endangered Species Act. That list includes all types of animals, from whales to mollusks, but it does not include the Pearl River map turtle (Graptemys pearlensis...

California Sea Urchin Comm'n v. Bean

The Ninth Circuit upheld FWS' decision to end its 1987 sea otter translocation program. FWS created an experimental reserve population of southern sea otters some distance from the main population, but in 2012, FWS deemed the program a...

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