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Wildlife

Strahan v. Coxe

The court vacates part of an injunction requiring state environmental agency officials to apply for a permit under the Marine Mammal Protection Act (MMPA) for takings caused by the agency's permitting and licensing operations, but...

Regulatory Framework for the Management and Remediation of Contaminated Marine Sediments

Editors' Summary: In 1989, a National Research Council study concluded that contaminated sediments are "widespread in U.S. coastal waters" and have "potentially far-reaching consequences to both public health and the environment." A...

Hawksbill Sea Turtle v. Federal Emergency Management Agency

The court holds that property owners and residents failed to satisfy Endangered Species Act (ESA) §11 notice requirements in their suit against the Federal Emergency Management Agency (FEMA) concerning an emergency housing project's...

Associated Fisheries of Me. v. Daley

The court holds that the Secretary of Commerce's adoption of a fishery conservation amendment to the Northeast Multispecies Fishery Management Plan does not violate the Magnuson Act or the Regulatory Flexibility Act (RFA). The amendment...

United States v. Corrow

The court upholds a defendant's convictions under the Native American Graves Protection and Repatriation Act (NAGPRA) and the Migratory Bird Treaty Act (MBTA) for illegally trafficking a ceremonial Navajo mask and possessing protected...

Strahan v. Linnon

The court holds that it will consider additional extra-record evidence offered by a whale enthusiast in a summary judgment action against the U.S. Coast Guard and the National Marine Fisheries Service (NMFS) under exceptions to the...

Newton County Wildlife Ass'n v. U.S. Forest Serv.

The court affirms a district court's orders denying environmental groups' motions to enjoin timber sales as violative of the Wild and Scenic Rivers Act (WSRA) and the Migratory Bird Treaty Act (MBTA). The court first holds that the...

Norbird Fisheries, Inc. v. National Marine Fisheries Serv.

The court holds that a commercial fisher's challenge to regulations establishing a limited entry program in the Pacific Coast Groundfish Fishery is untimely under the Magnuson Fishery Conservation and Management Act. The fisher failed...

Maricopa Audubon Soc'y v. U.S. Forest Serv.

The court holds that exemption 2 of the Freedom of Information Act (FOIA) does not exempt the U.S. Forest Service from disclosing documents revealing the locations of northern goshawk nest sites. The government has failed to demonstrate...

Northwest Forest Resource Council v. Dombeck

The court reverses a district court opinion that the stare decisis effect of a decision by a federal district court in Washington State bars appellants' current challenge to the president's 1994 forest plan. The court holds...