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Endangered Species Act (ESA) National Marine Fisheries Service Administrative Procedure Act

Holland & Knight LLP

Court Strikes Down Key Endangered Species Act Opinion

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A federal court has thrown out key Endangered Species Act (ESA) analyses of oil and gas operations in the Gulf of Mexico, which will be vacated as of Dec. 20, 2024. The United States District Court for the District of...more

Nossaman LLP

Advocacy Groups File Endangered Species Act Suit Against Virginia Offshore Wind Project

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On March 18, three advocacy organizations and their members filed a lawsuit challenging an offshore wind project against the National Marine Fisheries Service (NMFS) and the Bureau of Ocean Energy Management (BOEM). The...more

Holland & Knight LLP

D.C. Court Vacates Florida's Assumption of the Federal Clean Water Act Permit Program

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The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more

Perkins Coie

DC Court Holds That ESA Section 7 Does Not Give the “Benefit of the Doubt” to Listed Species

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The U.S. Court of Appeals for the District of Columbia Circuit issued an opinion on June 16, 2023, speaking to several important issues in administrative law. Confronting a challenge under the Endangered Species Act (ESA),...more

Nossaman LLP

Court Sends EPA Back to the Drawing Board on Temperature Limits in Oregon Waters

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On April 11, 2017, the United States District Court for the District of Oregon ruled on parties’ objections to a federal magistrate judge’s findings and recommendations in a case challenging the U.S. Environmental Protection...more

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Endangered Species Act Case Roundup

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Two noteworthy cases have recently been issued by the Ninth Circuit Court of Appeals and the U.S. District Court for the Northern District of California. The two cases address: (1) the interplay between the Federal...more

Holland & Knight LLP

Projecting the Future: Court Upholds Listing for Bearded Seals - Ninth Circuit Decision Based on Projections of Climate Change...

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In Alaska Oil & Gas Ass'n v. Pritzker, the U.S. Court of Appeals for the Ninth Circuit recently upheld a rule listing two species of seals as "threatened" under the Endangered Species Act (ESA) based on climate change...more

Sheppard Mullin Richter & Hampton LLP

Use of long-term climate projections for bearded seal listing not necessarily a bellwether for Endangered Species Act decisions

The Ninth Circuit this week upheld a National Marine Fisheries Service decision to list the Pacific bearded seal as threatened under the Endangered Species Act based primarily on threats from climate change, reversing a...more

Nossaman LLP

District Court Dismisses Challenge to Biological Opinions In Light of Circuit Court’s Exclusive Jurisdiction

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Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two...more

Nossaman LLP

Ninth Circuit Holds Critical Habitat Designations Not Subject to Cost-Benefit Analysis

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In Building Industry Association of the Bay Area v. U.S. Department of Commerce, a decision with significant implications for property owners, the building industry, and the development community at large, the U.S. Court of...more

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