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California Court Refuses to Dismiss ESA Challenge to Corps’ Operation of Coyote Valley Dam on Russian River

Recently, the United States District Court for the Northern District of California refused to dismiss a lawsuit filed by a concerned citizen against the U.S. Army Corps of Engineers (Corps) and National Marine Fisheries...more

Department of Interior Takes Steps Toward Reversal of Position on Migratory Birds Protections

Recently, the Department of the Interior released a pre-publication version of a Federal Register notice delaying the effective date of the Migratory Bird Treaty Act (MBTA) take definitional rule to March 8, 2021, and opening...more

Fish and Wildlife Service Moves to Reclassify Downlist the American Burying Beetle, as Threatened Proposes 4(d) Rule

On May 3, 2019, the U.S. Fish and Wildlife Service (“Service”) published a proposed rule to downlist the American burying beetle (Nicrophorus americanus) from endangered to threatened....more

Federal Wildlife Agencies Issue Final Rule Codifying Practice of Using Surrogates in Incidental Take Statements

On May 1, 2015, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the wildlife agencies) issued a final rule amending the regulations governing consultation under section 7 of the...more

Federal Wildlife Agencies Issue Proposed Rule That Would Codify Practice Of Using Surrogates In Incidental Take Statements

On September 4, 2013, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the Services) issued a proposal rule to amend the regulations governing consultation under section 7 of the...more

Plaintiffs Claim Victory In Sharp Park Case Despite Mixed Record Of Success

On July 1, 2013, the United States District Court for the Northern District of California issued an order granting, in part, Plaintiffs’ motion for attorneys fees in Wild Equity Institute v. City and County of San Francisco,...more

Fifth Circuit Stays Injunction In Whooping Crane Case

The United States Court of Appeals for the Fifth Circuit stayed an injunction issued by the United States District Court for the Southern District of Texas requiring the State to prepare a habitat conservation plan for the...more

District Court Allows Action For ESA Violations To Proceed Regarding Naval Operations Off The Atlantic Coast

On December 26, 2012, in Strahan v. Roughead, the United States District Court for the District of Massachusetts denied a motion brought by federal defendants to dismiss as moot plaintiffs’ claims that the Navy is operating...more

Federal District Court Dismisses Lawsuit Alleging San Francisco Harmed Endangered Species At Sharp Park

In an order issued on December 6, 2012, the United States District Court for the Northern District of California dismissed a lawsuit brought by Wild Equity and other plaintiffs alleging violations of the Endangered Species...more

Federal District Court Dismisses Lawsuit Alleging San Francisco Harmed Endangered Species at Sharp Park

In an order issued on December 6, 2012, the United States District Court for the Northern District of California dismissed a lawsuit brought by Wild Equity and other plaintiffs alleging violations of the Endangered Species...more

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