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Appeals Conservation

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

Energy Policy and Conservation Act/Berkeley, California, Building Code: Federal Appellate Court Addresses Preemption Issue

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in an April 17th Opinion a challenge to a Berkeley, California, building code provision that prohibited the installation of natural gas...more

Mintz

Another case in which a non-governmental organization wants a court to tell EPA how to do its job

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Yesterday a three judge panel of the United States Court of Appeals for the District of Columbia heard from lawyers for the Public Employees for Environmental Responsibility (PEER) and the Environmental Protection Agency...more

Mintz

The Supreme Judicial Court's ruling for the City of Boston will reach many places other than Long Island

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Until today someone appealing a decision by a local conservation commission under both the Massachusetts wetlands protection act and a local wetland protection bylaw had to appeal the decision under the Massachusetts law to...more

Nossaman LLP

Happy the Elephant Denied Personhood

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This week, the New York Court of Appeals rejected a bid for writ of habeas corpus from an unusual petitioner: Happy, a 51-year-old, female Asian elephant, currently living in captivity at the Bronx Zoo....more

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

Hazardous Waste Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing Kingston Treatment...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a proposed Director’s Order and Assessment (“Order”) to Diversified Scientific Services, Inc. (“DSSI”) addressing alleged violations of the Tennessee...more

Nossaman LLP

Golden-cheeked Warbler Back in Federal Court

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On January 12, 2022, the General Land Office of Texas (GLO) filed a lawsuit in the U.S. District Court for the Western District of Texas, challenging the U.S. Fish and Wildlife Service’s (Service) July 27, 2021 negative...more

Farrell Fritz, P.C.

Slings and Arrows At The Court Of Appeals

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On January 4, 2022, the New York Court of Appeals heard oral argument in the case of Hunters For Deer, Inc. v Town of Smithtown, where conflicting provisions of a Town of Smithtown firearm ordinance and the Environmental...more

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

Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order and Assessment Addressing Alleged...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a June 11th Order and Assessment (“Order”) to the Dyer County Highway Department (“Dyer”). The Order states that Dyer is the registered owner of two...more

Nossaman LLP

Service Must Revisit Whether To Delist Golden-Cheeked Warbler

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On January 15, 2020, the United States Court of Appeals for the Fifth Circuit reversed a lower court decision that upheld the determination of the U.S. Fish and Wildlife Service (Service) denying a petition to delist the...more

Schwabe, Williamson & Wyatt PC

Supreme Court Ruling on Critical Habitat in Dusky Gopher Frog Case

The Supreme Court has handed down one of the most anticipated Endangered Species Act (ESA) rulings in recent years. In Weyerhaeuser Co. v. U.S. Fish and Wildlife Serv., the Supreme Court unanimously overruled the Fifth...more

Perkins Coie

Supreme Court Limits Authority to Designate Critical Habitat Under Endangered Species Act

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In a unanimous decision with immediate repercussions for the administration of the Endangered Species Act (ESA), the U.S. Supreme Court held that an area is eligible for designation as critical habitat under the ESA only if...more

Sheppard Mullin Richter & Hampton LLP

Critical Habitat Must Be Habitat for Listed Species, Supreme Court Says

An area designated as critical habitat under the Endangered Species Act must first qualify as “habitat” for listed species, the Supreme Court held this week in the closely watched Weyerhaeuser case. The Court’s November 27,...more

Nossaman LLP

Supreme Court Rules ESA Critical Habitat Must Be Habitat For Listed Species

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On November 27, 2018, the U.S. Supreme Court ruled that an area is eligible to be designated as “critical habitat” under the Endangered Species Act (ESA) only if the area is habitat for the relevant threatened or endangered...more

Husch Blackwell LLP

Dusky Frog Update

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On June 29, 2018 and October 8, 2018, we blogged about the dusky gopher frog, an endangered species currently confined to a small area of Mississippi. The U.S. Fish & Wildlife Service designated land in Louisiana as part of...more

Davis Wright Tremaine LLP

Supreme Court Decides Critical Habitat Must Be Habitat

In a unanimous decision (with Justice Kavanaugh not participating), the Supreme Court on November 27, 2018, remanded a controversial Endangered Species Act (ESA) decision for further consideration by the Fifth Circuit Court...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Weyerhaeuser Company v. U.S. Fish & Wildlife Service

On November 27, 2018, the Supreme Court of the United States decided Weyerhaeuser Company v. U.S. Fish & Wildlife Service, No. 17-71, holding that (1) an area is eligible for designation as a “critical habitat” under the...more

Nossaman LLP

Supreme Court Hears Oral Argument in Dusky Gopher Frog Case

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On October 1, 2018, the U.S. Supreme Court heard oral argument in the first case of its new term, Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, Dkt. No. 17-71. The case concerns the designation of critical habitat under...more

Nossaman LLP

Endangered Species Act Litigation Round-Up

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The last several days have seen a flurry of activity in the federal courts in matters involving the Endangered Species Act (ESA)...more

Nossaman LLP

Ninth Circuit Affirms Injunction Order for Federal Columbia River Power System to Prevent Harm to Listed Salmonids

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On April 2, 2018, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court order directing that the National Marine Fisheries Service (NMFS), U.S. Army Corps of Engineers (Corps) and U.S. Bureau of...more

Nossaman LLP

Ninth Circuit Holds ESA Listing of Arctic Ringed Seal Is Not Arbitrary and Capricious Despite Lack of Existing Quantitative Data

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On February 12, 2018, in Alaska Oil & Gas Association v. National Marine Fisheries Service, Case No. 16-35380, the U.S. Court of Appeals for the Ninth Circuit reversed a 2016 decision by the U.S. District Court for the...more

Robinson+Cole RLUIPA Defense

To Protect Wildlife, or Religious Freedom?

That was the question before the Deschutes County Board of Commissioners earlier this month. The conflict arose as a result of John and Stephanie Shepherd’s continued attempts to host weddings on their property in...more

Foley Hoag LLP - Environmental Law

The Conservative Case for Chevron Deference, Chapter 3 (Plus an Auer Bonus!)

The conservative cases in support of Chevron deference keep arriving. This week, the 9th Circuit Court of Appeals affirmed EPA’s federal implementation plan for compliance with its regional haze regulations by the Navajo...more

Nossaman LLP

D.C. Circuit Reinstates Gray Wolf Delisting in Wyoming

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On March 3, 2017, the U.S. Court of Appeals for the District of Columbia Circuit upheld a final rule delisting the gray wolf in Wyoming under the Endangered Species Act (ESA). Defenders of Wildlife v. Zinke, No. 14-5300 (D.C....more

Nossaman LLP

Fifth Circuit Issues Contentious Dissent Over Designation of Louisiana Land

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On June 13, 2016, the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision, held that the U.S. Fish and Wildlife Service (FWS) had properly included approximately 1,500 acres in Louisiana as designated critical...more

Nossaman LLP

Fifth Circuit Upholds USFWS Designation of "Uninhabitable" Critical Habitat for Endangered Dusky Gopher Frog

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In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit rejected challenges to the final rule designating critical habitat for the dusky gopher frog under the Endangered Species Act (ESA) and National...more

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