ELR Citation: 48 ELR 20082
No(s). 18-1082 (4th Cir. May 15, 2018)

The Fourth Circuit, in an unpublished decision, vacated FWS' incidental take statement that authorized a pipeline project along the Atlantic coast to take certain threatened or endangered species. The limits set by the agency were so indeterminate that they undermined the incidental take statement's enforcement and monitoring function under the ESA. The court will issue its judgment on the parties' remaining disputes in a forthcoming opinion.