News & Analysis as of

Endangered Species Act (ESA) Oil & Gas Appeals

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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2019

Federal Appeals Court Vacates Key Atlantic Coast Pipeline Permit - "A federal appeals court has pulled another permit issued to the Atlantic Coast Pipeline, saying the U.S. Fish and Wildlife Service had fast-tracked the...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Case Law Update – 1st Six Months of 2017

On March 21, 2017, the United States Supreme Court decided the case of National Labor Relations Board v. SW General, Inc. This case concerns the operation and application of the Federal Vacancies Reform Act of 1998 (FVRA). ...more

Sheppard Mullin Richter & Hampton LLP

Environmental Litigation and Toxic Torts Update – Mountain/West Coast Case Law Highlights

Ninth Circuit Finds “Threatened” Designation For Bearded Seals Proper Based On New Long-Term Projections - Alaska Oil and Gas Ass’n et al. v. Pritzker et al., 840 F.3d 671, 2016 U.S. App. LEXIS 19084 (9th Cir. 2016)....more

Kelley Drye & Warren LLP

Dunes Sagebrush Lizard Decision Upholds Importance of Conservation Agreements

On March 1, the oil and gas industry won a significant victory when the Court of Appeals for the D.C. Circuit upheld the U.S. Fish & Wildlife Service’s (“FWS”) decision that conservation agreements supported by the industry...more

Locke Lord LLP

Federal Court Refuses To Reinstate Lesser Prairie Chicken Listing: What Now, And What’s Next?

Locke Lord LLP on

Last fall a federal court in the Western District of Texas upheld a challenge to the U.S. Fish & Wildlife Service’s (Service) decision to list the lesser prairie chicken (LEPC) as a threatened species under the federal...more

Latham & Watkins LLP

Court Limits Migratory Bird Treaty Act Applicability to Incidental Take

Latham & Watkins LLP on

On September 4, 2015, the US Court of Appeals for the Fifth Circuit issued a ruling in United States v. CITGO that a “taking” subject to prosecution under the Migratory Bird Treaty Act (MBTA) does not include the...more

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