News & Analysis as of

Citizen Suits US Fish and Wildlife Service

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

Endangered Species Act/Citizen Suit Action: Earthjustice Alleges U.S. Department of Interior Violations Approving Pinto Valley...

Earthjustice sent a June 11th 60-day Endangered Species Act (“ESA”) citizen suit Notice of Intent to Sue (“NOI”) to the Tonto National Forest (“Forest”). The NOI alleges that Forest violated Section 7 of the ESA in its...more

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

American Bumblebee/Endangered Species Act: Center for Biological Diversity Files Judicial Action Against U.S. Fish and Wildlife...

The Center for Biological Diversity (“CBD”) filed a citizen suit action in the United States District Court for the District of Arizona (“Court”) against the United States Fish and Wildlife Service (“Service”) alleging a...more

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

Citizen Suit Enforcement/Endangered Species: Center for Biological Diversity Notice of Intent to Sue U.S. Fish and Wildlife...

The Center for Biological Diversity (“CBD”) sent a February 21st Notice of Intent to Sue (“NOI”) to the United States Fish and Wildlife Service (“Service”) for an alleged violation of the Endangered Species Act (“ESA”). ...more

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

Conservation Easement/Endangered Species Act: Citizen Suit Action Challenges U.S. Fish and Wildlife Service Biological Opinion...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a December 4th Opinion an issue arising out of the federal Endangered Species Act (“ESA”). See Center for Biological Diversity, et al. v....more

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

Citizen Suit Action/Endangered Species Act: Center for Biological Diversity Judicial Complaint Alleging U.S. Fish and Wildlife...

The Center for Biological Diversity (“CBD”) filed a September 27th Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Columbia against the United States Fish...more

Morrison & Foerster LLP - Left Coast Appeals

This week at the Ninth: Bull Trout and Claim Preclusion

This week, the Court wrestles with res judicata issues stemming from the dismissal of an Endangered Species Act suit for lack of jurisdiction. The Court holds that claim preclusion bars plaintiffs from reasserting claims...more

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

Citizen Suit Enforcement/Safe Drinking Water Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental...

The Center for Biological Diversity (“CBD”) sent a July 25th 60-day Notice of Intent to Sue (“Notice”) to the United States Environmental Protection Agency (“EPA”) alleging a violation of the Endangered Species Act (“ESA”). ...more

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

Endangered Species Act/Citizen Suit Action: Center for Biological Diversity Notice of Intent to Sue Mazda Toyota Manufacturing,...

The Center for Biological Diversity and Tennessee Riverkeeper (collectively “CBD”) sent an August 14th Sixty-Day Notice of Intent to Sue Mazda Toyota Manufacturing, U.S.A. (“Toyota-Mazda”) and the City of Huntsville, Alabama,...more

Foley Hoag LLP - Environmental Law

Perhaps It Should Be Renamed the “Really, Really, Endangered Species Act”

Last Friday, the 9th Circuit Court of Appeals affirmed a District Court decision ruling that the Fish & Wildlife Service decision that listing of the whitebark pine as endangered or threatened was “warranted, but precluded”...more

Nossaman LLP

Ninth Circuit Lifts the Veil: Explains How to Comply With Endangered Species Act 60-Day Notice Requirement

Nossaman LLP on

The federal Endangered Species Act (ESA) imposes certain procedural hurdles on any would-be plaintiff commencing a citizen suit to compel compliance with the ESA. One of the more substantive requirements is the 60-day notice...more

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