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
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
Recently, the Ninth Circuit sitting en banc issued a landmark decision regarding the consultation provisions of the Endangered Species Act. The consultation provisions require any federal agency that authorizes, funds or...more
In a unanimous decision, eleven active judges on the United States Court of Appeals for the Ninth Circuit held that the duty to consult under section 7(a)(2) of the Endangered Species Act (ESA) when a federal agency action...more