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incidental take permit

Oregon-California Trails Ass'n v. Walsh

ELR Case

A district court vacated an incidental take permit issued by FWS for a transmission line project on a historic section of the Oregon and California Trail in Nebraska. Companies and conservation groups argued that FWS' decision to issue...

Strahan v. Secretary

ELR Case

A district court ordered the Massachusetts Executive Office of Energy and Environment Affairs (MEOEEA) to seek an incidental take permit pursuant to the ESA before issuing licenses that allow fishermen to use vertical buoy ropes (VBRs)...

H.R. 6360

ELR Congressional Update

Klamath-Siskiyou Wildlands Center v. National Oceanic & Atmospheric Administration

ELR Case

A district court held that FWS and the National Marine Fisheries Service (NMFS) violated the ESA and NEPA when they issued 50-year incidental take permits to a farm to take the northern spotted owl and the Southern Oregon/Northern...

Incidental Extinction: How the Endangered Species Act's Incidental Take Permits Fail to Account for Population Loss

ELR Article

Section 9 of the ESA boldly declares that any harm perpetrated upon a listed species, even a single animal, is illegal. Yet, the Incidental Take Permit provision of the ESA expressly allows nonfederal landowners to harm thousands,...