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Earth Island Institute v. Elliot

A district court held that a Forest Service fire salvage restoration project could proceed despite its risk to protected species. The Cedar Fire began on August 16, 2016, and burned for three weeks over 29,000 acres of mixed conifer and white fir forest, most of which were in the Sequoia National Fo...

Cascadia Wildlands v. Scott Timber Co.

The Ninth Circuit reversed a lower court's grant of an injunction to halt a logging project in Oregon. A conservation group brought a citizen suit under the ESA challenging a logging project it claimed would result in the taking of the marbled murrelet, a seabird listed as a threatened species. The ...

Mayo v. National Park Service

The D.C. Circuit held that the Park Service did not violate NEPA when it authorized recreational hunts of elk in Wyoming’s Grand Teton National Park. The Grand Teton and the National Elk Refuge (Refuge) are home to the “Jackson herd,” one of the largest concentrations of elk in North America. ...

American Wild Horse Preservation Campaign v. USDA

The D.C. Circuit held that the USDA's decision to alter territorial lines of the Devil's Garden Wild Horse Territory section of the Modoc National Forest was in violation of NEPA. Since 1975, the United States Forest Service has protected and managed wild horses in the Devil’s Garden section in No...

Animal Legal Defense Fund v. USDA

The D.C. Circuit held that the USDA did not violate the Animal Welfare Act (AWA) when it renewed the licenses of animal exhibitors the agency knew was in violation of numerous animal welfare requirements. Animal activists brought suit against the agency, challenging its renewal of a license to an Io...

Save Our Cabinets v. FWS

A district court held that the approval of a mining project in Montana violated the ESA. A mining company submitted a plan to the Forest Service and the Montana Department of Environmental Quality to extract copper and silver from an ore vein that ran beneath federal land. On March 31, 2014, FW...

Wild Fish Conservancy v. National Park Service

The Ninth Circuit held that NMFS and DOI did not violate NEPA or the ESA when they approved the use of hatcheries to restore Elwha River fish populations in the state of Washington, after a dam removal project. Environmental groups challenged the decision to approve the hatchery as arbitrary and cap...

Western Exploration, LLC v. DOI

A district court ruled that DOI, BLM, and other agencies failed to comply with NEPA when they amended land use plans to protect the habitat of the greater sage-grouse from development in Nevada. In March 2010, FWS issued a finding on petitions to list three entities of the greater sage-grouse as thr...

People for the Ethical Treatment of Property Owners v. FWS

The Tenth Circuit held that FWS has the authority under the Commerce Clause to regulate the take of the Utah prairie dog. A group of property owners challenged FWS's authority to use the ESA to prohibit take of the Utah prairie dog, an intrastate species, on nonfederal land. A district court granted...

Center for Biological Diversity v. EPA

The Ninth Circuit affirmed in part and reversed in part a district court's dismissal of environmental groups' claims that EPA violated the ESA when it registered certain pesticide active ingredients and pesticide products without undertaking consultation with NMFS and FWS. The district court divided...