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Frogs or Freedom?

Nossaman Environment & Land Use Partner Brooke Wahlberg recently participated in a panel at the Texas Public Policy Foundation’s 2019 Policy Orientation entitled “Frogs or Freedom: Are New Limitations Coming for the Endangered Species Act?”  Ms. Wahlberg’s segment addressed the U.S. Supreme Court’s ruling in Weyerhaeuser v. U.S. Fish and Wildlife Service and how the … Continue Reading

Gray Wolf Listing Under California Endangered Species Act Upheld in California Superior Court

On January 28, 2019, the Superior Court for San Diego County upheld the California Fish and Game Commission’s (“Commission”) 2015 decision to list the gray wolf (canis lupus) under the California Endangered Species Act (“CESA”). (Cal. Cattlemen’s Assn. v. Cal. Fish & Game Com. (Super. Ct. San Diego County, 2019, No. 37-2017-00003866-CU-MC-CTL).) CESA defines an “endangered species” … Continue Reading

Resolve to Learn More About Endangered Species and the Environment with Nossaman in 2019!

Nossaman’s Environmental Practice attorneys will be off to a great start in 2019 presenting at many key events around the U.S. focused on endangered species and environmental issues. First, on January 10th, Austin-based Environment & Land Use Partner Brooke Wahlberg will speak at the Texas Public Policy Foundation’s 2019 Policy Orientation in Austin.  Brooke’s presentation … Continue Reading

Colorado Court Vacates Eagle Permit

On December 13, 2018, the United States District Court for the District of Colorado vacated an eagle take permit issued by the U.S. Fish and Wildlife Service (“Service”) authorizing a construction company to disturb a pair of nesting bald eagles.  Front Range Nesting Bald Eagle Studies v. U.S. Fish and Wildlife Service et al., No. 1:18-cv-00356.  The … Continue Reading

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

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 species.  Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, Dkt. No. 17-71.  The Court vacated the U.S. … Continue Reading

Federal Court Finds That U.S. Fish and Wildlife Service’s Management of Reintroduced Red Wolves Violated Endangered Species Act

On November 4, 2018, the U.S. District Court for the Eastern District of North Carolina granted summary judgment in favor of conservation organizations Red Wolf Coalition, Defenders of Wildlife, and Animal Welfare Institute in a case challenging the U.S. Fish and Wildlife Service’s (FWS) administration of the recovery program for endangered red wolves (Canis rufus). … Continue Reading

Ninth Circuit Dismisses Challenge to Policy Regarding ESA Criminal Prosecutions

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. Department of Justice’s McKittrick policy.  In reversing the lower court, the Ninth Circuit concluded that plaintiff-appellees lack standing to pursue the case.  The … Continue Reading

Citing Concerns for Endangered Vaquita, Court Declines to Lift Ban on Import of Some Seafood

On October 22, 2018, the U.S. Court of International Trade denied the request of various federal agencies to stay an injunction banning the import of Mexican seafood caught with gill nets in the Gulf of California.  The injunction, granted in July, is intended to protect the endangered vaquita porpoise (Phocoena sinus), which can get tangled … Continue Reading

Endangered Species Act Litigation Round-Up

The last several days have seen a flurry of activity in the federal courts in matters involving the Endangered Species Act (ESA): In Crown Indian Tribe v. United States, CV 17-89-M-DLC, the U.S. District Court for the District of Montana vacated (pdf) a June 30, 2017 final rule issued by the U.S. Fish and Wildlife … Continue Reading
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