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biological opinion

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...

Jayne v. Rey

ELR Case

A district court upheld the FWS' biological opinion and the U.S. Forest Service's EIS and record of decision for the Idaho Roadless Rule. The court therefore denied environmental groups' request to enjoin the rule and replace it...

Wild Fish Conservancy v. Salazar

ELR Case

The Ninth Circuit held that FWS' biological opinion addressing a hatchery project's impact on the bull trout in the Columbia River violates the ESA. Although the hatchery project is intended to mitigate a dam's impacts on Chinook salmon...