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biological opinion

Small Populations in Jeopardy: A Delta Smelt Case Study

ELR Article

Under §7 of the Endangered Species Act (ESA), federal agencies must ensure that actions they authorize, fund, or carry out are “not likely to jeopardize the continued existence of any endangered species or threatened species or result...

Center for Biological Diversity v. Ross

ELR Case

A district court held that NMFS violated the ESA by approving a U.S. lobster fishery without adequately considering the fishery's impact on the endangered North Atlantic right whale. Conservation groups argued the agency violated the...

Center for Biological Diversity v. Ross

ELR Case

A district court denied NMFS’ motion to stay a lawsuit concerning the effects of lobster fishing on the endangered North Atlantic right whale. The agency requested a stay pending its promulgation of two conservation measures—a new...

Defenders of Wildlife v. United States Department of the Interior

ELR Case

The Fourth Circuit vacated a biological opinion and incidental take statement issued by FWS in connection with a proposed natural gas pipeline that would run from West Virginia to North Carolina. Environmental groups argued that FWS...

Cooling Water Intake Structure Coalition v. United States Environmental Protection Agency

ELR Case

The Second Circuit denied environmental groups' and industry associations' petitions to review a final rule promulgated by EPA establishing requirements for cooling water intake structures (CWISs) at existing power plants and...

American Rivers v. Federal Energy Regulatory Commission

ELR Case

The D.C. Circuit vacated a license renewal that FERC granted for a power plant on the Coosa River. Environmental groups argued that the agency violated the Federal Power Act, NEPA, and the ESA when it issued the power company's license...

National Wildlife Federation v. National Marine Fisheries Service

ELR Case

A district court held that NOAA Fisheries' 2008/2010 biological opinion (BiOp) for the Federal Columbia River Power System is arbitrary and capricious under the ESA. In the BiOp it issued to the U.S. Army Corps of Engineers and the U...

Center for Biological Diversity v. Salazar

ELR Case

A district court held that the FWS' biological opinion (BiOp) for the U.S. Army's proposed ongoing and future...

Delta Smelt Consolidated Cases

ELR Case

A district court, on a motion to amend judgment, extended the FWS' deadline for completing its biological opinion (...

Dow AgroSciences LLC v. National Marine Fisheries Service

ELR Case

The Fourth Circuit held that a biological opinion issued by the National Marine Fisheries Service as part of EPA's process of reregistering the insecticides chlorpyrifos, diazinon, and malathion is subject to judicial review...