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Section 9 Endangered Species

Bradley Arant Boult Cummings LLP

Northern Long-Eared Bat “Uplisted” to Endangered Status

On November 30, 2022, the United States Fish and Wildlife Service (FWS) published a final rule reclassifying the northern long-eared bat under the Endangered Species Act (ESA), uplisting the bat from “threatened” to...more

Nossaman LLP

D.C. Circuit Holds Injury Exists Where Statutory Enactment Denies Plaintiff’s Right to Information; Upholds Section 9 Exemption...

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On June 3, 2016, the U.S. Court of Appeals for the D.C. Circuit held in Friends of Animals v. Jewell (No. 1:14-cv-00357) that Plaintiff Friends of Animals (“Plaintiff”) had Article III standing to pursue a constitutional...more

Nossaman LLP

Court Vacates Final Rule Listing Lesser Prairie Chicken

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On September 1, the U.S. District Court for the Western District of Texas, Midland Division vacated the U.S. Fish and Wildlife Service’s (“Service”) Final Rule listing the Lesser Prairie Chicken (“LPC”) as threatened. The...more

Nossaman LLP

ESA Section 9 Case Dismissed Because of Allegations re Take

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Earlier this month, the United States District Court for the Northern District of California dismissed a lawsuit brought under section 9 of the Endangered Species Act (ESA) because, instead of attacking a specific project or...more

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