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Notice Requirements Endangered Species Act (ESA)

Perkins Coie

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

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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

Nossaman LLP

Court Holds Pre-Violation Notice Under the Endangered Species Act Is Akin to No Notice At All

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Under the Endangered Species Act (ESA), a citizen plaintiff is required to provide a notice no less than 60-days before filing certain types of lawsuits against the federal government.  For example, a 60-day notice is...more

Nossaman LLP

Ninth Circuit Finds ESA 60-Day Notice "Adequate" and Resurrects Challenge to Suction Dredge Mining Suit

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On August 10, 2015, the U.S. Court of Appeals for the Ninth Circuit reversed a district court order dismissing an Endangered Species Act ("ESA") lawsuit on the grounds plaintiffs provided inadequate notice. Klamath-Siskiyou...more

Nossaman LLP

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

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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

Nossaman LLP

Court Enjoins "Salvage Harvest" Project In Area Scorched By The Mill Fire

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In 2012, the Mill Fire burned almost 30,000 acres in California, destroying large areas of forest, including threatened Northern spotted owl (Strix occidentalis caurina) habitat. Even after the Mill Fire was finally snuffed...more

Nossaman LLP

District Court Holds Claims Under Section 10 Of The Endangered Species Act Do Not Require 60-Day Notice Of Intent To Sue

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On July 22, 2013, the U.S. District Court for the Western District of Washington held that plaintiffs’ claims regarding the U.S. Fish and Wildlife Service’s (Service) alleged violation of section 10 of the Endangered Species...more

Nossaman LLP

Court Dismisses Suit For Failure To Strictly Comply With 60-Day Notice Requirement

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In Klamath Siskyou Wildlands Center v. MacWhorter, 1:12-cv-1900 (pdf), the United States District Court for the District of Oregon granted a motion to dismiss plaintiffs’ suit alleging that the U.S. Forest Service (USFS)...more

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