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Wildlife

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

The court holds that the Freedom of Information Act (FOIA) requires the U.S. Forest Service to release to an environmental group management territory maps identifying Mexican spotted owl nest sites. The Forest Service may not withhold...

National Ass'n of Home Builders v. Babbitt

The court holds that the Endangered Species Act's (ESA's) prohibition on the "take" of endangered species is not unconstitutional as applied to purely local activities that affect a fly that exists only in California. The court first...

Judicial Application of the Endangered Species Act and the Implications for Takings of Protected Species and Private Property

It may seem curious to some that the survival of a relatively small number of three-inch fish among all the countless millions of species extant would require the permanent halting of a virtually completed dam for which Congress has...

Before the Crisis: Protection of Nonendangered Wildlife From the Impact of Resource-Development Activities

Editors' Summary: Although most talk in terms of wildlife protection seems to focus on the operation of the ESA, there are a host of other federal and state laws designed to protect wildlife from the impacts of resource-development...

California Forestry Ass'n v. Thomas

The court holds that timber companies, a trade association, and a county lack constitutional and prudential standing to challenge the U.S. Forest Service's interim guidelines on managing spotted owl habitat in California's western...

Seattle Audubon Soc'y v. Moseley

The court holds that the U.S. Forest Service and the Bureau of Land Management's choice of a forest management plan with an 80 percent species viability for federal lands that include northern spotted owl habitat did not violate the...

Sweet Home and the Narrowing of Wildlife "Take" Under Section 9 of the Endangered Species Act

Editors' Summary: The Supreme Court's recent Sweet Home decision validated the U.S. Fish and Wildlife Service's regulation defining "harm" under the ESA to include habitat modification. The decision leaves private landowners facing...

Experimenting With Experimental Populations

Editors' Summary: ESA § 10(j), the Act's experimental population provision, allows the U.S. Fish and Wildlife Service (FWS) to release populations of threatened and endangered species into their historic range without complying...

Babbitt v. Sweet Home Chapter of Communities for a Great Oregon: A Clarion Call for Property Rights Advocates

Editors' Summary: Property rights advocates implicitly complained in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon that a Fish and Wildlife Service regulation that aimed to protect endangered and...

Douglas County v. Babbitt

The court holds that the National Environmental Policy Act (NEPA) does not apply to the Secretary of the Interior's designation of critical habitat under the Endangered Species Act (ESA). The court first holds that an Oregon county has...