News & Analysis as of

Administrative Procedure Act US Fish and Wildlife Service

Nossaman LLP

Court Upholds Service’s Southwestern Willow Flycatcher Listing Decision

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On February 28, 2024, the U.S. District Court for the District of Columbia upheld the U.S. Fish and Wildlife Service’s (Service) denial of a petition filed by the New Mexico Cattle Growers’ Association (Cattle Growers) urging...more

Snell & Wilmer

The Revocation of Florida’s Clean Water Act 404 Permitting Program: What It Means Moving Forward in Light of SCOTUS’ Recent...

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Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more

Adams and Reese LLP

“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

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“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal...more

Holland & Knight LLP

D.C. Court Vacates Florida's Assumption of the Federal Clean Water Act Permit Program

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The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more

Perkins Coie

DC Court Holds That ESA Section 7 Does Not Give the “Benefit of the Doubt” to Listed Species

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The U.S. Court of Appeals for the District of Columbia Circuit issued an opinion on June 16, 2023, speaking to several important issues in administrative law. Confronting a challenge under the Endangered Species Act (ESA),...more

Cozen O'Connor

AG Lawsuit Challenges Endangered Status of Lesser Prairie-Chickens

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The AGs of Texas, Kansas, and Oklahoma filed a lawsuit against the U.S. Department of the Interior and the U.S. Fish and Wildlife Service (USFW) and their respective Secretary and Director for allegedly violating the U.S....more

Nossaman LLP

Ninth Circuit Holds Agency’s Decision Not to Modify a Recovery Plan is Not a Final Agency Action

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Earlier this month, the U.S. Court of Appeals for the Ninth Circuit issued a ruling holding that the United States Fish and Wildlife Service’s (Service) decision not to modify a recovery plan for the grizzly bear (ursus...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

Bracewell LLP

Will Congress Rollback Trump Regulatory Actions to Advance the Biden Policy Agenda?

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Recent news that the Democrats flipped both U.S. Senate seats in Georgia’s run-off election means that the Democrats have enough votes to add the Congressional Review Act (CRA)[1] to the tools that could be used to advance...more

Allen Matkins

California Environmental Law & Policy Update - April 2020

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Federal government moves to weaken fuel economy standards adopted during Obama Administration - Bullet Los Angeles Times – March 31 - The U.S. Environmental Protection Agency and the U.S. Department of Transportation...more

Nossaman LLP

U.S. Fish and Wildlife Ordered to Take Fresh Look at Petition to Delist Bone Cave Harvestman

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On March 28, 2019, a federal judge overturned the U.S. Fish and Wildlife Service’s (“USFWS”) rejection of a petition to delist an endangered karst invertebrate species, the Bone Cave harvestman (Texella reyeisi) (“BCH”),...more

Pillsbury - Gravel2Gavel Construction & Real...

DC Court of Appeals Issues Two Significant Administrative Law Decisions Regarding Whether APA Applies Or Not

In late December 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued two significant administrative law decisions in the cases of Safari Club Int’l and Nat’l Rifle Assoc. of Am. v. Zinke (decided...more

Nossaman LLP

Court Sends EPA Back to the Drawing Board on Temperature Limits in Oregon Waters

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On April 11, 2017, the United States District Court for the District of Oregon ruled on parties’ objections to a federal magistrate judge’s findings and recommendations in a case challenging the U.S. Environmental Protection...more

Nossaman LLP

Endangered Species Act Case Roundup

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Two noteworthy cases have recently been issued by the Ninth Circuit Court of Appeals and the U.S. District Court for the Northern District of California. The two cases address: (1) the interplay between the Federal...more

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Nossaman LLP

Circuit Courts Tackle Question of Agency Liability under the MBTA for Permitting of Wind Energy Facilities

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On June 7, 2016, the U.S. Court of Appeals for the Ninth Circuit rejected plaintiffs’ claim, among others, that the U.S. Bureau of Land Management’s (BLM) violated the Migratory Bird Treaty Act (MBTA) by granting a...more

Pillsbury - Gravel2Gavel Construction & Real...

Congress’ Directive to Service to Reinstate Captive-Bred Exemption Upheld

Since the celebrated Supreme Court decision of Tennessee Valley Authority v. Hill, which for a time sidetracked the Antelopeconstruction of the Tellico Dam, the Endangered Species Act (ESA) has been recognized as a...more

Nossaman LLP

D.C. Circuit Holds Injury Exists Where Statutory Enactment Denies Plaintiff’s Right to Information; Upholds Section 9 Exemption...

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On June 3, 2016, the U.S. Court of Appeals for the D.C. Circuit held in Friends of Animals v. Jewell (No. 1:14-cv-00357) that Plaintiff Friends of Animals (“Plaintiff”) had Article III standing to pursue a constitutional...more

Bergeson & Campbell, P.C.

District Court Issues Order Allowing Plaintiffs in Case Seeking Review of Neonicotinoid Pesticides under the ESA to Utilize Extra...

On June 12, 2015, Federal District Judge Maxine Chesney issued a decision in Ellis v. Housenger (N.D. Cal.) allowing the plaintiffs to utilize expert declarations and exhibits that were not included in the certified...more

Nossaman LLP

Fish & Wildlife Service Finds That Gnatcatcher Delisting May Be Warranted

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Continuing the quarter century controversy over the listing of the Coastal California gnatcatcher (Polioptila californica californica) as a threatened subspecies, the U.S. Fish & Wildlife Service (FWS) has concluded that a...more

Beveridge & Diamond PC

Court Finds Endangered Species Act Cannot Regulate Species on Private Lands Within a Single State

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In a win for property owners and project proponents, a Utah federal district court has ruled that the United States Constitution does not authorize the U.S. Fish and Wildlife Service (“FWS”) to regulate impacts to the Utah...more

Nossaman LLP

U.S. District Court Holds U.S. Fish And Wildlife Service's Decision To Delay Revisions To Critical Habitat Is Not Judicially...

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The U.S. Fish and Wildlife Service (Service) prevailed on March 19th in a suit brought by the Sierra Club challenging a decision by the Service to delay revision of the critical habitat designation for the leatherback sea...more

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