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WildEarth Guardians v. Haaland

A district court granted summary judgment for an environmental group in a challenge to FWS' decision not to list the Joshua tree as threatened under the ESA. The group challenged the Service's findings that Joshua trees were not...

Louisiana v. Department of Commerce

A district court granted the state of Louisiana's motion for preliminary injunction to delay the effective date of NMFS' 2019 rule requiring turtle excluder devices on certain skimmer trawl vessels operating in inshore waters. The state...

Revisiting the Delta Smelt: A Rebuttal to Weiland and Murphy

This Comment responds to a July Comment from Paul Weiland and Dennis Murphy that responded to a September 2020 Comment addressing the challenges of managing small and declining populations of California Delta smelt under the Endangered...

Six Priority Recommendations for Improving Conservation Under the ESA

Because of persistent legislative attacks on the Endangered Species Act (ESA), some conservationists have made a strategic choice not to propose substantial adjustments to it. But conservation recommendations are long overdue, and...

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

A district court granted interim injunctive relief for environmental groups in a lawsuit concerning the Army Corps of Engineers' operation of dams in the Willamette River Basin. The groups sought injunctive relief to remedy the Corps'...

Gescheidt v. Haaland

A district court denied a motion for preliminary injunction in a challenge to the National Park Service's (NPS') management practices for the tule elk population in an area of Point Reyes National Seashore. Plaintiffs argued the elk...

Friends of Animals v. United States Bureau of Land Management

A district court denied a nonprofit group's motion to preliminarily enjoin BLM from gathering wild horses inside and adjacent to the Onaqui Mountain Herd Management Area. The group argued BLM's 2018 decision to gather the horses over a...

Revisiting Small Populations in Jeopardy: A Rejoinder to Börk et al.

This Comment responds to a comment by Karrigan Börk et al. published in the September issue that critiqued a biological opinion issued by the U.S. Fish and Wildlife Service (FWS) under §7(a)(2) of the Endangered Species Act (ESA) that...

Critical Habitat's “Private Land Problem”: Lessons From the Dusky Gopher Frog

The Endangered Species Act provides for the designation as “critical habitat” of habitat deemed “essential” for conservation of listed species. To understand the incentive effects of critical habitat designations, this Article examines...

WildEarth Guardians v. Steele

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Forest Service's and FWS' decisions concerning a revised forest plan for the Flathead National Forest. The...

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