News & Analysis as of

Standing US Fish and Wildlife Service

Morrison & Foerster LLP - Left Coast Appeals

This week at the Ninth: Bull Trout and Claim Preclusion

This week, the Court wrestles with res judicata issues stemming from the dismissal of an Endangered Species Act suit for lack of jurisdiction. The Court holds that claim preclusion bars plaintiffs from reasserting claims...more

Nossaman LLP

SCOTUS Won’t Wade Into the Chicken Coop

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On June 7, 2021, the U.S. Supreme Court (“SCOTUS”) agreed with the Department of Justice and declined to hear a case brought by the Kansas Natural Resource Coalition (Coalition) challenging the U.S. Fish and Wildlife...more

Nossaman LLP

D.C. Circuit Shuts Down Challenge to Species Status Assessments

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In a per curiam decision, the United States Court of Appeals for the D.C. Circuit dismissed the Center for Biological Diversity’s (CBD) challenge to the Fish and Wildlife Service’s (Service) process for assessing the status...more

Nossaman LLP

U.S. District Court Finds EPA Erred in Approving Pesticides Known To Impact Endangered Species

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On May 8, 2017, the U.S. District Court for the Northern District of California granted, in part, a motion for summary judgment brought by plaintiffs in a suit challenging the U.S. Environmental Protection Agency’s (“EPA”)...more

Perkins Coie

Court Rules Forest Products Industry Group Has Standing to Challenge Critical Habitat Designation

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A forest products trade association has standing to challenge the critical habitat designation for the northern spotted owl, the U.S. Court of Appeals for the District of Columbia Circuit held in Carpenters Industrial Council...more

Nossaman LLP

U.S. Supreme Court Denies U.S. Forest Service’s Petition for Review in Canadian Lynx Case

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On October 11, 2016, the U.S. Supreme Court denied the U.S. Forest Service’s (“Forest Service”) petition for writ of certiorari to review the U.S. Court of Appeal for the Ninth Circuit’s decision in Cottonwood Environmental...more

Nossaman LLP

D.C. Circuit Holds Informational Standing Nonexistent Prior to 12-Month Finding

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In a recent decision, the U.S. Court of Appeals for the District of Columbia affirmed the dismissal of an environmental organization’s Endangered Species Act (ESA) claim, concluding that the organization lacked standing...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

U.S. District Court Rejects Challenges to Final Rule Terminating Sea Otter Translocation Program.

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On September 18, 2015, the U.S. District Court for the Central District of California rejected the assertion by the California Sea Urchin Commission, California Abalone Association, and Commercial Fishermen of Santa Barbara...more

Nossaman LLP

DC Circuit Holds Groups Lack Standing to Challenge Two Controversial U.S. Fish and Wildlife Service Settlement Agreements

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On Tuesday, May 26, 2015, the U.S. Court of Appeals for the District of Columbia Circuit rejected the National Association of Home Builders’ and three other associations’ (collectively, NAHB) challenge to separate settlements...more

Foley Hoag LLP - Environmental Law

Easy Cases Make Better Law — Standing Edition

In an interesting, but not really difficult, decision on Tuesday, the D.C. Circuit Court of Appeals found that the National Association of Home Builders did not have standing to challenge a consent decree pursuant to which...more

Foley Hoag LLP - Environmental Law

Dispatches From the “Sue and Settle” Front: Trade Groups Do Not Have Standing to Challenge Settlements Regarding ESA Listing...

Last week, a federal court, for the fourth time, found that property owners’ groups do not have standing to challenge a settlement between the administration and conservation groups under which the administration agreed to...more

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