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Wildlife

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...

Western Watersheds Project v. Bernhardt

A district court denied a motion to preliminarily enjoin grizzly bear killings in connection with a 2019 biological opinion and incidental take statement issued by FWS that allow for their lethal removal in Bridger-Teton National Forest...

Oregon-California Trails Ass'n v. Walsh

A district court vacated an incidental take permit issued by FWS for a transmission line project on a historic section of the Oregon and California Trail in Nebraska. Companies and conservation groups argued that FWS' decision to issue...

Friends of Animals v. Bernhardt

The D.C. Circuit upheld FWS' withdrawal of prior findings for elephant trophy hunting in southern Africa. Conservation groups argued that FWS violated the APA by withdrawing its prior findings without providing notice and comment. The...

Species Protection as a Natural Climate Solution

This Article, adapted from Chapter 16 of What Can Animal Law Learn From Environmental Law?, 2d Edition (ELI Press, forthcoming 2020), explores existing and potential wildlife conservation policies that could play a vital role in...

American Stewards of Liberty v. Department of Interior

The Fifth Circuit dismissed a challenge to FWS' constitutional authority to regulate activities affecting the Bone Cave harvestman, a small arachnid known to live only in caves in central Texas that is currently listed as endangered...

Yurok Tribe v. U.S. Bureau of Reclamation

A district court denied a Native American tribe's request to lift a stay in a lawsuit against the Bureau of Reclamation seeking to protect endangered coho salmon from the impacts of an irrigation project in the Klamath River Basin. The...

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 v. Bernhardt

A district court denied FWS' and NMFS' motion to dismiss a challenge to the agencies' issuance of rules that revised key requirements of the ESA's implementing regulations. States and conservation groups argued that the agencies...

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...

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