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District Court Rejects Challenge to Wind Farm Permitting, Finds No Violation of ESA or Eagle Protection Act

This month a federal court in Maine rejected a challenge to a permit issued by the U.S. Army Corps of Engineers (Army Corps) for the Oakfield wind power project. The court determined that the Army Corps did not violate the...more

District Court Limits Tiering of Biological Opinions

On December 5, 2014, a federal district court held that the U.S. Fish and Wildlife Service (FWS) failed to comply with the Endangered Species Act (ESA) when it relied entirely on existing programmatic biological opinions to...more

10th Circuit Limits ESA Consultation Obligations To Boundaries Of The Agency Action

This past week, the 10th Circuit held that the Environmental Protection Agency (EPA) had no obligation to engage in consultation pursuant to Section 7 of the Endangered Species Act (ESA) where the potential effects on...more

Ninth Circuit Affirms APHIS's Deregulation of Roundup Ready Alfalfa in Center for Food Safety v. Vilsack, No. 12-15052 (9th Cir....

On May 17, 2013, the Ninth Circuit Court of Appeals issued a game-changing decision regarding court challenges to APHIS deregulation determinations for genetically engineered (GE) plants and agricultural commodities -- in...more

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