News & Analysis as of

Appeals Endangered Species

Holland & Knight LLP

Appeals Court Restores Offshore Oil, Gas Lease Sale Without Rice's Whale Protections

Holland & Knight LLP on

The U.S. Court of Appeals for the Fifth Circuit on Nov. 14, 2023, dismissed claims brought by environmental groups challenging offshore oil and gas Lease Sale 261. The court ordered that the sale take place within 37 days of...more

Mintz

ACKRat is asking the 1st Circuit Court of Appeals to stop the Vineyard Wind Project as time keeps on slippin', slippin',...

Mintz on

The Nantucket Residents Against Turbines, or ACKRat, have asked the First Circuit Court of Appeals to find that the Federal Bureau of Ocean Energy Management and the National Marine Fisheries Service acted "arbitrarily and...more

Perkins Coie

California Court Rules Bees Can Be Listed Under the California Endangered Species Act

Perkins Coie on

In a notable decision interpreting the California Endangered Species Act (CESA), a California court of appeal ruled that insects are eligible for listing as threatened, endangered, or candidate species under the act. See...more

Nossaman LLP

Happy the Elephant Denied Personhood

Nossaman LLP on

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

Sheppard Mullin Richter & Hampton LLP

Court of Appeal Holds No-Project Alternative Analysis May Mean More When Conversation is an Option and Reinforces Low Barrier to...

In Save the Hill Group v. City of Livermore et al., the First District Court of Appeal (Div. 5) reversed and remanded the superior court’s decision to uphold the reissued final environmental impact report (RFEIR) for a...more

Nossaman LLP

Golden-cheeked Warbler Back in Federal Court

Nossaman LLP on

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

Perkins Coie

Ninth Circuit Invalidates Rule Requiring Notice to States Prior to Filing a Listing Petition Under the Endangered Species Act

Perkins Coie on

The Ninth Circuit Court of Appeals recently invalidated a 2016 rule that required a 30-day notice to affected state fish and wildlife agencies prior to filing a petition to list a species as threatened or endangered under the...more

Bracewell LLP

Changes to Expect in Environmental Litigation Under Biden

Bracewell LLP on

One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more

Nossaman LLP

Service Must Revisit Whether To Delist Golden-Cheeked Warbler

Nossaman LLP on

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

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

Perkins Coie on

Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...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

Nossaman LLP on

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

Perkins Coie

Federal Agencies Must Modify Operations at Columbia River Hydroelectric System to Protect Salmonid Species

Perkins Coie on

The Federal Court of Appeals for the Ninth Circuit recently affirmed a district court order requiring that the National Marine Fisheries Service, the Corps of Engineers, and the Bureau of Reclamation conduct spill operations...more

Nossaman LLP

Ninth Circuit Dismisses Challenge to Policy regarding ESA Criminal Prosecutions

Nossaman LLP on

In WildEarth Guardians et al. v. U.S. Department of Justice, Case Nos. 17-16677, 17-16678, 17-16679 (Oct. 23, 2018), the U.S. Court of Appeals for the Ninth Circuit dismissed plaintiff-appellees case challenging the U.S....more

Nossaman LLP

Endangered Species Act Litigation Round-Up

Nossaman LLP on

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

Nossaman LLP on

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

Nossaman LLP on

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

Nossaman LLP

Ninth Circuit Partially Reverses Agencies’ Sea Turtle and Migratory Bird Conclusions Related to Swordfish Fishery Expansion

Nossaman LLP on

On December 27, 2017, the U.S. Court of Appeals for the Ninth Circuit partially reversed and remanded a decision by the United States District Court for the District of Hawaii, delaying if not derailing an expansion in...more

Best Best & Krieger LLP

New California Coastal Laws for 2018 - Development, Accommodations, Sea Rise and Public Access

For California coastal issues, 2017 was a busy year, both in the courts and the state Legislature. Three significant court decisions were handed down...more

Pillsbury - Gravel2Gavel Construction & Real...

Ninth Circuit Confirms That “Good Faith Belief” Defense Under The ESA Is Governed By A Subjective Standard

On October 25, the U.S. Court of Appeals for the Ninth Circuit vacated the Dan Calver Wallen’s conviction for killing three grizzly bears in violation of the Endangered Species Act, 16 U.S.C. §§ 1531 et seq. (ESA). The case...more

Perkins Coie

Impact of Ninth Circuit Upholding Biological Opinion for Silver State South Solar Project in Nevada

Perkins Coie on

In Defenders of Wildlife v. Zinke, the U.S. Court of Appeals for the Ninth Circuit upheld the Biological Opinion prepared by the U.S. Fish & Wildlife Service to assess the impacts on the threatened desert tortoise from the...more

Perkins Coie

Court Rules Forest Products Industry Group Has Standing to Challenge Critical Habitat Designation

Perkins Coie on

A forest products trade association has standing to challenge the critical habitat designation for the northern spotted owl, the U.S. Court of Appeals for the District of Columbia Circuit held in Carpenters Industrial Council...more

Perkins Coie

CA Supreme Court Boosts Plaintiffs’ Challenges to Endangered Species Listing Under CESA

Perkins Coie on

The Supreme Court of California recently ruled that under the California Endangered Species Act (CESA), plaintiffs may use a delisting petition, supported by new evidence, to challenge a prior decision by the California Fish...more

Nossaman LLP

Tenth Circuit Court of Appeals Reinstates Special Rule Regulating Take of Utah Prairie Dog

Nossaman LLP on

On March 29, 2017, the U.S. Court of Appeals for the Tenth Circuit held that Congress has authority under the Commerce Clause to regulate the take of the Utah prairie dog (Cynomys parvidens).  Because Congress has this...more

Nossaman LLP

D.C. Circuit Reinstates Gray Wolf Delisting in Wyoming

Nossaman LLP on

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

36 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide