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Alec L. v. Jackson
A district court dismissed a lawsuit filed by nongovernmental organizations and a group of minors claiming that six federal agencies violated their fiduciary duties to preserve and protect the atmosphere as a commonly shared public trust resource under the public trust doctrine. The public trust...
Karuk Tribe of California v. United States Forest Service
The Ninth Circuit held that the U.S. Forest Service violated the ESA when it failed to consult with federal wildlife agencies before approving four notices of intent (NOIs) to conduct mining activities in coho salmon critical habitat within the Klamath National Forest. The ...
Defenders of Wildlife v. Bureau of Ocean Energy Management, Regulation, and Enforcement
A district court held that the Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) did not violate NEPA or the ESA when it accepted over 300 bids for oil and gas drilling in the Gulf of Mexico following the Deepwater Horizon disaster. An environmental group argued that the ag...
Conservancy of Southwest Florida v. U.S. Fish & Wildlife Service
The Eleventh Circuit upheld FWS' decision denying environmental groups' petitions to designate critical habitat for the Florida panther under the ESA. The Secretary of the Interior listed the Florida panther as an endangered species in 1967—more than a decade before the 1978 amendments required a ...
AES Corp. v. Steadfast Insurance Co.
The Virginia Supreme Court, upon rehearing a case, once again held that under Virginia law, an insurer has no duty to defend or indemnify an energy company in an underlying lawsuit brought by a native Alaskan village for damages allegedly caused by global warming through the emission of greenhou...