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Endangered Species Law and Policy

Tag Archives: Fish and Wildlife Service

Federal District Court Dismisses Lawsuit Alleging San Francisco Harmed Endangered Species at Sharp Park

Posted in Court Decisions

In an order issued on December 6, 2012, the United States District Court for the Northern District of California dismissed a lawsuit brought by Wild Equity and other plaintiffs alleging violations of the Endangered Species Act’s take prohibition by the City and County of San Francisco.  The decision, in Wild Equity Institute v. City and… Continue Reading

Arizona District Court Dismisses Section 7(a)(1) Challenge to Forest Service

Posted in Consultation, Court Decisions

The United States District Court for the District of Arizona entered summary judgment (pdf) for the United States Forest Service in a case filed by Defenders of Wildlife and other plaintiffs alleging the Forest Service failed to fulfill its duty to conserve under section 7(a)(1) of the Endangered Species Act (ESA).  The case focused on… Continue Reading

Ninth Circuit Determines that Critical Habitat Can be Destroyed Without Meeting Definition of “Adverse Modification”

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

The Court of Appeals for the Ninth Circuit upheld the Fish and Wildlife Service’s ("Service’) no "adverse modification" determination despite the fact that the proposed project would destroy some critical habitat. In Butte Environmental Council v. U.S. Army Corps of Engineers (PDF), environmental plaintiffs challenged the Service’s biological opinion finding that a proposed business park… Continue Reading