On February 13, 2019, the Fourth District Court of Appeal in Fudge v. City of Laguna Beach (Feb. 13, 2019, G055711) __ Cal.App.5th ___, joined the First and Sixth Districts in holding that the Coastal Commission’s acceptance...more
The last several days have seen a flurry of activity in the federal courts in matters involving the Endangered Species Act (ESA)...more
10/3/2018
/ Appeals ,
Conservation ,
Critical Habitat ,
Delisting ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Final Rules ,
Habitat Conservation Plan ,
Native American Issues ,
Tribal Governments ,
Tribal Lands ,
US Fish and Wildlife Service ,
Vacated ,
Weyerhaeuser Company v United States Fish and Wildlife Service
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
4/10/2018
/ Appeals ,
Bureau of Reclamation ,
Conservation ,
Dams ,
Endangered Species ,
Energy Sector ,
Environmental Policies ,
ESA Listings ,
National Marine Fisheries Service ,
Navigable Waters ,
Salmon ,
US Army Corps of Engineers
On December 8, 2017, the Ninth Circuit Court of Appeals unanimously rejected two challenges to the 20-mile South Mountain Freeway Project in Phoenix, Arizona. The decision is the latest in a series of court decisions...more
12/13/2017
/ Air Quality Standards ,
Appeals ,
Construction Industry ,
Construction Project ,
Department of Transportation (DOT) ,
Federal Highway Administration ,
Highways ,
Infrastructure ,
NEPA ,
Public Projects ,
Regional Transportation Planning ,
Roads ,
State and Local Government ,
Urban Planning & Development
On March 29, 2017, the U.S. Court of Appeals for the Tenth Circuit held that Congress has authority under the Commerce Clause to regulate the take of the Utah prairie dog (Cynomys parvidens). Because Congress has this...more
Arizona Sen. Jeff Flake (R) and Rep. Matt Salmon (R) recently introduced a bill that would remove several western states from the United States Court of Appeals for the Ninth Circuit and move them to a proposed, to-be-created...more