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Wildlife

Scott Timber Co. v. United States

The court holds that the U.S. Forest Service possessed limited contractual authority to suspend performance of 11 timber sale contracts in the Siskiyou and Siuslaw National Forests in Oregon due to the Endangered Species Act (ESA)...

United States v. Romano

The court holds that §4(d) of the Lacey Act does not criminalize the purchase of lawful guiding and outfitting services to facilitate a taking of wildlife that if effectuated would be in violation of state law. False representations of...

Southern Offshore Fishing Ass'n v. Daley

The court holds that the Secretary of Commerce complied with the Magnuson-Stevens Fishery Conservation and Management Act in setting commercial harvest quotas for Atlantic sharks in its fishery management plan (FMP) for 1997, but...

United States v. Clavette

The court holds that a hunter convicted of killing a grizzly bear without a permit in violation of the Endangered Species Act (ESA) §9(a)(1)(G) was not entitled to a jury trial. The court first holds that the offense was a petty offense...

Foundation for Horses & Other Animals v. Babbitt

The court holds that the National Park Service's (NPS') decision not to prepare an environmental impact statement (EIS) for the removal of 12 horses from Santa Cruz Island in the Channel Islands was not arbitrary and capricious. The NPS...

United States v. Senchenko

The court affirms a jury conviction against a hunter for unlawfully snaring bears and for knowingly engaging in conduct involving an intent to sell bear parts with a market value in excess of $350 in violation of the Lacey Act. The...

National Ass'n of Home Builders v. Babbitt

The court holds that Endangered Species Act (ESA) §9(a)(1)'s application to a fly that exists only in California is within Congress' Commerce Clause power. The court first holds that the application of ESA §9 to the fly can be viewed as...

Friends of the Wild Swan v. U.S. Fish & Wildlife Serv.

The court holds that the U.S. Fish and Wildlife Service (FWS) arbitrarily and capriciously listed several subpopulations of bull trout as endangered under the Endangered Species Act (ESA). In 1994, FWS concluded that listing the bull...

National Ass'n of Home Builders v. Babbitt

The court holds that home builders lack standing to bring an Endangered Species Act (ESA) §11 citizen suit against the U.S. Department of the Interior and the U.S. Fish and Wildlife Service for issuing a technical correction to a final...

Fund for Animals v. Thomas

The court holds that the U.S. Forest Service policy of leaving game "baiting" regulation in the National Forest System to the states complies with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). The...