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Critical Habitat Administrative Procedure Act Conservation

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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

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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

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Court rejects challenge to grizzly bear recovery plan

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In December 2020, the United States District Court for the District of Montana issued an order on cross-motions for summary judgment concluding that it lacked jurisdiction—under both the Administrative Procedure Act (APA) and...more

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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

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Ninth Circuit Holds Critical Habitat Designations Not Subject to Cost-Benefit Analysis

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In Building Industry Association of the Bay Area v. U.S. Department of Commerce, a decision with significant implications for property owners, the building industry, and the development community at large, the U.S. Court of...more

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