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incidental take

Natural Resources Defense Council, Inc. v. U.S. Department of the Interior

ELR Case

A district court vacated DOI's 2017 policy allowing incidental takings and killings of migratory birds. Environmental groups and states challenged the policy, arguing that it violated the Migratory Bird Treaty Act (MBTA) by interpreting...

H.R. 5552

ELR Congressional Update

Alliance for the Wild Rockies v. Savage

ELR Case

In an unpublished opinion, the Ninth Circuit affirmed in part and remanded in part a district court order that lifted an injunction on a logging project in the Kootenai National Forest. Environmental groups sought to enjoin the project...

82 FR 56987

ELR Federal Agency Update

Conservation Council for Hawaii v. National Marine Fisheries Service

ELR Case

A district court held that the National Marine Fisheries Service (NMFS) violated the Marine Mammal Protection Act (MMPA), the ESA, and NEPA when it authorized the U.S. Navy to take large numbers of marine mammals, some of which are...

Center for Biological Diversity v. Salazar

ELR Case

The Ninth Circuit upheld FWS regulations issued under the Marine Mammal Protection Act (MMPA) that authorize the incidental take of polar bears and Pacific walruses resulting from oil and gas exploration activities in the Chukchi Sea...

Turtle Island Restoration Network v. Department of Commerce

ELR Case

The Ninth Circuit upheld a consent decree vacating a portion of a National Marine Fisheries Service (NMFS) regulation increasing the limit on incidental interactions between longline fishing boats and loggerhead turtles and reducing the...