News & Analysis as of

Section 9 US Fish and Wildlife Service

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

Pillsbury - Gravel2Gavel Construction & Real...

Congress’ Directive to Service to Reinstate Captive-Bred Exemption Upheld

Since the celebrated Supreme Court decision of Tennessee Valley Authority v. Hill, which for a time sidetracked the Antelopeconstruction of the Tellico Dam, the Endangered Species Act (ESA) has been recognized as a...more

Nossaman LLP

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

Nossaman LLP on

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

Nossaman LLP on

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

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