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Wildlife

Small Populations in Jeopardy: A Delta Smelt Case Study

Under §7 of the Endangered Species Act (ESA), federal agencies must ensure that actions they authorize, fund, or carry out are “not likely to jeopardize the continued existence of any endangered species or threatened species or result...

Center for Biological Diversity v. Bernhardt

A district court denied FWS' motion to dismiss a lawsuit seeking a new recovery plan for the endangered Houston toad. An environmental group argued that FWS had "never developed a scientifically grounded and legally valid recovery plan...

Northwest Environmental Defense Center v. United States Army Corps of Engineers

A district court granted summary judgment for conservation groups in a lawsuit alleging that the Army Corps of Engineers' continued operation and maintenance of a flood control project in the Pacific Northwest violated the ESA. The...

Natural Resources Defense Council, Inc. v. U.S. Department of the Interior

A district court vacated DOI's 2017 policy allowing incidental takings and killings of migratory birds. Environmental groups and states challenged the policy, arguing that it violated the Migratory Bird Treaty Act (MBTA) by interpreting...

Alliance for the Wild Rockies v. Burman

A district court denied a motion to dismiss or stay a challenge to the Bureau of Reclamation's alleged ongoing, unpermitted take of bull trout near Glacier National Park. An environmental group argued the Bureau's water control and...

Gulf Fishermens Ass'n v. National Marine Fisheries Service

The Fifth Circuit affirmed, 2-1, a lower court ruling in favor of fishermen's challenge to NMFS regulations regarding offshore aquaculture in federal waters of the Gulf of Mexico. The fishermen argued that the regulations were invalid...

Friends of the Clearwater v. Higgins

A district court denied environmental groups' motion to preliminarily enjoin a commercial logging and road construction project in the Idaho Panhandle National Forests. The groups argued that the Forest Service violated the ESA by...

Crow Indian Tribe v. United States

The Ninth Circuit affirmed in part and remanded in part a district court order remanding to FWS several issues concerning its 2017 rule removing ESA protections for the Greater Yellowstone grizzly bear population. The district court...

Defining Habitat to Promote Conservation Under the ESA

The U.S. Supreme Court’s opinion in Weyerhaeuser Co. v. U.S. Fish & Wildlife Service raises important questions about the scope of the Endangered Species Act’s (ESA’s) protections for critical habitat. Foremost among them...

Helena Hunters and Anglers Ass'n v. Marten

A district court granted in part summary judgment for nonprofit groups in a suit concerning a logging project in the Helena-Lewis and Clark National Forest. One group argued the project violated the Roadless Rule because the Forest...

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