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Takings Clause Appeals Endangered Species Act (ESA)

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

Tenth Circuit Court of Appeals Reinstates Special Rule Regulating Take of Utah Prairie Dog

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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

Latham & Watkins LLP

Court Limits Migratory Bird Treaty Act Applicability to Incidental Take

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On September 4, 2015, the US Court of Appeals for the Fifth Circuit issued a ruling in United States v. CITGO that a “taking” subject to prosecution under the Migratory Bird Treaty Act (MBTA) does not include the...more

Nossaman LLP

Ninth Circuit Dismisses Action Alleging San Francisco Violated the Endangered Species Act

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In a three-page memorandum decision, the United States Court of Appeals for the Ninth Circuit dismissed Wild Equity and other groups’ appeal from a lower court decision, dismissing as moot a lawsuit alleging that the City and...more

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