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Supreme Court of the United States › Conservation

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
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

Schwabe, Williamson & Wyatt PC

Supreme Court Ruling on Critical Habitat in Dusky Gopher Frog Case

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The Supreme Court has handed down one of the most anticipated Endangered Species Act (ESA) rulings in recent years. In Weyerhaeuser Co. v. U.S. Fish and Wildlife Serv., the Supreme Court unanimously overruled the Fifth...more

Best Best & Krieger LLP

U.S. Supreme Court Limits Agency Discretion Under ESA - Critical Habitat For Endangered Species Decision

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In a victory for landowners and other regulated entities, the U.S. Supreme Court unanimously limited the U.S. Fish and Wildlife Service’s discretion when designating critical habitat under the federal Endangered Species Act....more

Mintz

SCOTUS Says Two Wrongs Don't Make a Right for Dusky Gopher Frog

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You don’t see a unanimous decision of the United States Supreme Court very often, especially in an environmental case, but that’s what happened this week when the Court held that for an area to be “critical habitat” of an...more

Perkins Coie

Supreme Court Limits Authority to Designate Critical Habitat Under Endangered Species Act

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In a unanimous decision with immediate repercussions for the administration of the Endangered Species Act (ESA), the U.S. Supreme Court held that an area is eligible for designation as critical habitat under the ESA only if...more

Sheppard Mullin Richter & Hampton LLP

Critical Habitat Must Be Habitat for Listed Species, Supreme Court Says

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An area designated as critical habitat under the Endangered Species Act must first qualify as “habitat” for listed species, the Supreme Court held this week in the closely watched Weyerhaeuser case. The Court’s November 27,...more

Nossaman LLP

Supreme Court Rules ESA Critical Habitat Must Be Habitat For Listed Species

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On November 27, 2018, the U.S. Supreme Court ruled that an area is eligible to be designated as “critical habitat” under the Endangered Species Act (ESA) only if the area is habitat for the relevant threatened or endangered...more

Husch Blackwell LLP

Dusky Frog Update

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On June 29, 2018 and October 8, 2018, we blogged about the dusky gopher frog, an endangered species currently confined to a small area of Mississippi. The U.S. Fish & Wildlife Service designated land in Louisiana as part of...more

Davis Wright Tremaine LLP

Supreme Court Decides Critical Habitat Must Be Habitat

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In a unanimous decision (with Justice Kavanaugh not participating), the Supreme Court on November 27, 2018, remanded a controversial Endangered Species Act (ESA) decision for further consideration by the Fifth Circuit Court...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Weyerhaeuser Company v. U.S. Fish & Wildlife Service

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On November 27, 2018, the Supreme Court of the United States decided Weyerhaeuser Company v. U.S. Fish & Wildlife Service, No. 17-71, holding that (1) an area is eligible for designation as a “critical habitat” under the...more

Nossaman LLP

Supreme Court Hears Oral Argument in Dusky Gopher Frog Case

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On October 1, 2018, the U.S. Supreme Court heard oral argument in the first case of its new term, Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, Dkt. No. 17-71. The case concerns the designation of critical habitat under...more

Nossaman LLP

What Might Justice Kavanaugh Mean for the ESA?

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On July 9, 2018, President Trump nominated Judge Brett Kavanaugh, who currently sits on the U.S. Court of Appeals for the District of Columbia Circuit, to replace retiring Associate Justice Anthony Kennedy on the U.S. Supreme...more

Nossaman LLP

Numerous Parties File Amicus Briefs In Dusky Gopher Frog Case

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As we reported here, the U.S. Supreme Court granted review of the petition for writ of certiorari in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, No. 17-71, on January 22, 2018. ...more

Nossaman LLP

SCOTUS accepts dusky gopher frog case

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On January 22, 2018, the U.S. Supreme Court granted review of the petition for writ of certiorari in Weyerhauser Co. v. U.S. Fish and Wildlife Service, No. 17-71. Petitioners challenge a 2-1 panel decision issued by the...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

Perkins Coie

Supreme Court Holds the Ninth Circuit Misinterpreted the Alaska National Interest Lands Conservation Act

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In 2007, National Park Service rangers stopped John Sturgeon from travelling by hovercraft on the Nation River within the boundaries of Yukon-Charley Rivers National Preserve. Park Service regulations ban the use of...more

Dorsey & Whitney LLP

SOX, the Destruction of Evidence And Dr. Seuss: Is a Fish A Tangible Object?

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Section 1519 was passed as part of the Sarbanes-Oxley Act in the wake of Enron’s massive accounting fraud. The section was designed to fill a gap in the law by preventing corporate document-shredding to conceal evidence of...more

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