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Wildlife

Portland Audubon Soc'y v. Babbitt

The court affirms a district court decision enjoining logging operations on the Bureau of Land Management (BLM) land containing owl habitat pending preparation of a supplemental environmental impact statement (EIS). The court first...

Region 8 Forest Serv. Timber Purchasers Council v. Alcock

The court holds that timber companies and an industry trade association lack standing to bring claims under the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the National Forest Management Act (NFMA)...

Pacific N.W. Generating Coop. v. Brown

The court holds that an electric power cooperative, metal corporations, and a nonprofit corporation representing consumer-owned electric utilities lack standing to challenge the decision of the National Marine Fisheries Service (NMFS)...

Vietnamese Fishermen Ass'n of Am. v. California Dep't of Fish & Game

The court holds that the Magnuson Fishery Conservation and Management Act (MFCMA) preempts a California constitutional amendment prohibiting the use of gill nets for harvesting groundfish south of 38 degrees N. latitude in the federal...

Southern Utah Wilderness Alliance v. Thompson

The court holds that environmental groups and private individuals are not entitled to a preliminary injunction prohibiting the U.S. Forest Service from implementing animal damage control (ADC) plans to reduce coyote populations in the...

A Tale of Sound and Fury: The Environmental Record of the 102d Congress

Editors' Summary: The 102d Congress adjourned on October 9, 1992, leaving a mixed record of environmental successes and failures. The three principal environmental statutes before it — RCRA, the FWPCA, and the ESA — all failed to...

Lujan v. Defenders of Wildlife: The Supreme Court's Slash and Burn Approach to Environmental Standing

Editors' Summary: Lujan v. Defenders of Wildlife (Defenders), the Supreme Court's June 1992, decision limiting environmentalists' standing to challenge agency programs, envisions judges' roles in environmental law...

Robertson v. Seattle Audubon Soc'y

The court reverses two district court decisions enjoining 16 fiscal year 1990 timber sales by the U.S. Forest Service that were found to violate the National Forest Management Act, and remands the case to the district court with...

The Collision of the Environment and Trade: The GATT Tuna/Dolphin Decision

Editors' Summary: On September 3, 1991, a three-member dispute resolution panel formed by the signatories to the General Agreements on Tariffs and Trade (GATT) held that a U.S. embargo on Mexican tuna and tuna products harvested in...

Robertson v. Seattle Audubon Soc'y

The U.S. Supreme Court holds that §318(b)(6)(A) of the Department of the Interior and Related Agencies Appropriations Act of 1990 does not violate the U.S. Constitution's separation of powers doctrine because the Act compelled changes...