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incidental take statement

Alliance for the Wild Rockies v. Burman

ELR Case

A district court dismissed a challenge to the Bureau of Reclamation's alleged ongoing, unpermitted take of bull trout through operation of an irrigation project near Glacier National Park. An environmental group argued that the Bureau's...

Oceana, Inc. v. Ross

ELR Case

A district court remanded to NMFS for a third time in a decades-long lawsuit concerning the Service's incidental take statement (ITS) assessing the impact of dredge fishing on loggerhead sea turtles in the Atlantic. A conservation group...

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. United States Fish and Wildlife Service

ELR Case

A district court held that FWS must reconsider its approval of a proposed open-pit copper mine in the Coronado National Forest. An environmental group argued the agency improperly used a heightened standard of review when it determined...

Wildearth Guardians v. United States Fish and Wildlife Service

ELR Case

A district court granted in part environmental groups' motion for summary judgment in a challenge to FWS' administration of a wildlife export program under the Convention on International Trade in Endangered Species (CITES). The groups...

Sierra Club v. United States Department of the Interior

ELR Case

The Fourth Circuit, in an unpublished decision, vacated FWS' incidental take statement that authorized a pipeline project along the Atlantic coast to take certain threatened or endangered species. The limits set by the agency were so...

Public Employees for Environmental Responsibility v. Hopper

ELR Case

The D.C. Circuit reversed and remanded a lower court decision that the Bureau of Ocean Energy Management (BOEM) complied with NEPA and that FWS complied with the ESA in connection with a wind energy project on Nantucket Sound....

78 FR 54437

ELR Federal Agency Update