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Endangered Species Law and Policy

Category Archives: Legal

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New Mexico Department of Game and Fish Challenges U.S Fish and Wildlife’s Release of Mexican Wolves

Posted in Legal

Pending before the U.S. Court of Appeals for the Tenth Circuit is the U.S. Fish and Wildlife Service’s (“Service”) appeal from a district court decision enjoining the Service from releasing Mexican wolves into New Mexico without the requisite state permits. In June 2016, the New Mexico Department of Game and Fish (“Department”) challenged the Service’s… Continue Reading

New Administration Means Big Changes for Endangered Species

Posted in Fish & Wildlife Service, Legal, National Marine Fisheries Service, Regulatory Reform

The election of Donald Trump as President, together with Republican majorities in the House and Senate, is likely to lead to important policy changes across a range of issues. While administration of the Endangered Species Act and other federal wildlife laws has not been high profile during the election season, it is an issue area… Continue Reading

Ninth Circuit Court of Appeals Affirms Incidental Take Statements Not Required for Plant Species

Posted in Court Decisions, Fish & Wildlife Service, Legal, Litigation

On August 15, 2016, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court decision granting summary judgment to the Bureau of Land Management (“BLM”) and U.S. Fish and Wildlife Service (“USFWS”) on the issue of whether an incidental take statement is required for plant species.  In Center for Biological Diversity v…. Continue Reading

Fifth Circuit Upholds USFWS Designation of “Uninhabitable” Critical Habitat for Endangered Dusky Gopher Frog

Posted in Court Decisions, Critical Habitat, Fish & Wildlife Service, Legal

In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit rejected challenges to the final rule designating critical habitat for the dusky gopher frog (Rana sevosa) under the Endangered Species Act (ESA) and National Environmental Policy Act.  Markle Interests, L.L.C. v. U.S. Fish and Wildlife Service, No. 14-31008 (5th Cir. June… Continue Reading

California Supreme Court Rules Mitigation Measures Constitute Take of Fully Protected Species

Posted in Court Decisions, Legal, Litigation

On November 30, 2015, the California Supreme Court issued its much-anticipated decision in Center for Biological Diversity v. California Department of Fish & Wildlife, Case No. S217763 (Nov. 30, 2015).  The decision comes at the conclusion of a nearly five-year legal battle over the California Department of Fish and Wildlife’s (“CDFW”) approval of an environmental… Continue Reading

Challenge to Emergency Drought Salinity Barrier Thrown Out Due to Lack of Proper Notice

Posted in Court Decisions, Fish & Wildlife Service, Legal, Litigation, Sacramento-San Joaquin Delta

On September 14, 2015, the U.S. District Court for the Eastern District of California granted the state and federal defendants’ motion to dismiss for lack of subject matter jurisdiction.  Center for Environmental Science, Accuracy & Reliability (CESAR) v. Cowin, No. 1:15-cv-00884 (pdf). Plaintiff CESAR claimed that the construction and operation of an emergency drought salinity barrier… Continue Reading

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

Posted in Court Decisions, Critical Habitat, Legal, Litigation, National Marine Fisheries Service

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 Appeals for the Ninth Circuit rejected various challenges to the National Marine Fisheries Service’s (NMFS) critical habitat designation for the southern… Continue Reading

District Court Declines to Provide Injunctive Relief for Emergency Drought Salinity Barrier in the California Bay-Delta

Posted in Court Decisions, Fish & Wildlife Service, Legal, Sacramento-San Joaquin Delta

On June 18, 2015, the U.S. District Court for the Eastern District of California denied a motion for a temporary restraining order and preliminary injunction, finding the plaintiff failed to establish that an emergency salinity barrier would imminently harm species listed under the Endangered Species Act (ESA).  Center for Environmental Science, Accuracy & Reliability (“CESAR”)… Continue Reading

Ninth Circuit Rules Approval of Oil Spill Response Plans is Non-Discretionary

Posted in Court Decisions, Legal, Litigation

On June 11, 2015, the U.S. Court of Appeals for the Ninth Circuit upheld the Bureau of Safety and Environmental Enforcement’s (Bureau) approval of oil spill response plans (OSRPs) relating to oil leases in the Beaufort and Chuckchi seas on Alaska’s Arctic coast.   Alaska Wilderness League v. Jewell, No. 13-35866 (9th Cir. June 11, 2015).  Among… Continue Reading

Nossaman Adds Depth to Endangered Species Practice

Posted in Legal

Nossaman is pleased to announce that it has reinforced its nationally renowned endangered species practice by adding a team of attorneys, led by Alan Glen and Steve Quarles, that also includes J.B. Ruhl, Brooke Wahlberg, Rebecca Barho, and Sarah Wells.  More details are provided in this press release.

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

Posted in Court Decisions, Fish & Wildlife Service, Legal

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 County of San Francisco (“San Francisco”) violated the Endangered Species Act’s take prohibition as a consequence of its… Continue Reading

D.C. Circuit Rejects Challenge to Controversial ESA Settlement

Posted in Court Decisions, Legal

On January 4, 2012, the United States Court of Appeals for the District of Columbia held (pdf) that Safari Club International (Safari Club) lacked standing to intervene as a matter of right in the litigation that resulted in two stipulated judgments establishing procedures and deadlines for reviewing listing and critical habitat determinations for 251 candidate species, thereby affirming the decision… Continue Reading