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Takings Clause ESA Listings

K&L Gates LLP

Bats in the Balance: Northern Long-Eared Bat Listing and Interim 4(d) Rule

K&L Gates LLP on

The U.S. Fish and Wildlife Service (“Service”) recently listed the northern long-eared bat (the “Bat”) as a “threatened” species under the U.S. Endangered Species Act (“ESA”) and issued an interim “species-specific” rule...more

Sheppard Mullin Richter & Hampton LLP

District Court Strikes Down Regulation of Purely Intrastate Species on Private Land

In a significant Endangered Species Act case, the Utah District Court has ruled that Congress may not regulate take of the threatened Utah prairie dog, a purely intrastate species, on non-federal land. The court found that...more

Beveridge & Diamond PC

Court Finds Endangered Species Act Cannot Regulate Species on Private Lands Within a Single State

Beveridge & Diamond PC on

In a win for property owners and project proponents, a Utah federal district court has ruled that the United States Constitution does not authorize the U.S. Fish and Wildlife Service (“FWS”) to regulate impacts to the Utah...more

Nossaman LLP

District Court Rules Grizzly Bears Trump Montana's Plan to Log Forest Lands to Fund Schools

Nossaman LLP on

On August 21, 2014, the United States District Court for the District of Montana remanded the Montana Department of Natural Resources and Conservation Forested State Trust Lands Habitat Conservation Plan (HCP) and suspended...more

Nossaman LLP

ESA Section 9 Case Dismissed Because of Allegations re Take

Nossaman LLP on

Earlier this month, the United States District Court for the Northern District of California dismissed a lawsuit brought under section 9 of the Endangered Species Act (ESA) because, instead of attacking a specific project or...more

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