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The Inefficacy of Statutory Protections for the North Atlantic Right Whale

Since 2017, 115 North Atlantic right whales (NARWs) have been documented dead, seriously injured, or sporting sublethal injuries and illnesses. Scientists refer to this phenomenon as an unusual mortality event, and assert that entanglement and vessel strikes are the leading causes. Fewer than 350 NARWs remain, and it is estimated that only one-third of their deaths are documented. Experts claim that only “quick and decisive action from humans” can ensure the species’ survival. Some proposed regulations will affect where and how the relevant fisheries are able to operate.

Center for Biological Diversity v. U.S. Forest Service

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Forest Service's and FWS' approval of a logging project in Kootenai National Forest. The groups argued, among other things, that the Services failed to take a "hard look" at th...

Held v. Montana

A state court held unconstitutional a provision of the Montana Environmental Policy Act that prohibited state agencies from considering the impacts of greenhouse gas (GHG) emissions on climate change in environmental reviews. A group of youths challenged the prohibition, arguing it was causing or co...

Garfield County, Utah v. Biden

A district court dismissed a challenge to President Biden's redesignation of the Bears Ears and Grand Staircase-Escalante National Monuments. The state of Utah and two counties argued the president exceeded his authority under the Antiquities Act by enlarging the two monuments via proclamations, and...

Natural Resources Defense Council, Inc. v. U.S. Fish and Wildlife Service

A district court granted environmental groups' motion for summary judgment in a challenge to FWS' decision not to designate critical habitat for the rusty patched bumble bee. The groups argued the Service had not established that the bee would not benefit from the designation, and that it failed to ...

Center for Biological Diversity v. Haaland

A district court granted in part and denied in part FWS' motion to dismiss a challenge to the alleged failure to preserve gray wolves. An environmental group argued the Service violated §4(f) of the ESA because it never developed or implemented a single recovery plan for the 44-state listing of all...

Wilderness Watch v. United States Fish & Wildlife Service

A district court granted environmental groups' motion for a preliminary injunction in a challenge to FWS' decision to install a permanent pipeline for Arctic grayling in Red Rock Lakes Wilderness in southwestern Montana. The groups argued the decision violated the Wilderness Act by ignoring the Act'...

Center for Biological Diversity v. U.S. Environmental Protection Agency

A district court denied EPA's motion to dismiss a lawsuit challenging its failure to perform required ESA consultations with FWS and NMFS before approving the state of Washington's limits on aquatic cyanide in 1993, 1997, and 2007. An environmental group argued that EPA failed to complete ESA §7 co...

Conservation Rights-of-Way on Public Lands

This abstract is adapted from Justin R. Pidot & Ezekiel A. Peterson, Conservation Rights-of-Way on Public Lands, 55 U.C. Davis L. Rev. 89 (2022), and used with permission.