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Article III Appeals Endangered Species Act (ESA)

Bricker Graydon LLP

U.S. Supreme Court limits Nationwide Permit 12 injunction to Keystone XL pipeline

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On July 6, 2020, the U.S. Supreme Court granted in part and denied in part the U.S. Army Corps of Engineers’ application for stay of the order issued by the U.S. District Court of Montana....more

Nossaman LLP

Environmental Groups’ NEPA Challenge to USDA Wolf Killing Survives

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On April 23, 2019, the U.S. Court of Appeals for the Ninth Circuit found that environmental groups have standing to challenge the federal government’s killing of gray wolves in Idaho without conducting additional analysis...more

Nossaman LLP

Ninth Circuit Dismisses Challenge to Policy regarding ESA Criminal Prosecutions

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In WildEarth Guardians et al. v. U.S. Department of Justice, Case Nos. 17-16677, 17-16678, 17-16679 (Oct. 23, 2018), the U.S. Court of Appeals for the Ninth Circuit dismissed plaintiff-appellees case challenging the U.S....more

Nossaman LLP

Ninth Circuit Rules Injury from Future Water Rights Restrictions Too Speculative for Article III Standing

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On February 21, 2017, the U.S. Court of Appeals for the Ninth Circuit held that the San Luis & Delta-Mendota Water Authority and Westlands Water District (collectively, “Water Contractors”) lacked Article III standing to...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

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