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Public Employees for Environmental Responsibility v. United States Fish & Wildlife Service
A district court vacated two FWS depredation orders reauthorizing the killing of double-crested cormorants in certain states. The court previously held that FWS violated NEPA when it reissued the orders. At issue here was the remedy. FWS argued that remand without vacatur was appropriate, whereas pl...
National Wildlife Federation v. National Marine Fisheries Service
A district court, in a 149-page opinion, held that the government violated the ESA and NEPA when it approved its 2014 biological opinion (BiOp) for the Federal Columbia River Power System (FCRPS) and its impact on salmon and steelhead. The FCRPS consists of hydroelectric dams, powerhouses, and assoc...
BCCA Appeal Group, Inc. v. City of Houston
The Supreme Court of Texas held that the Texas Clean Air Act and the Act’s enforcement mechanisms in the Texas Water Code preempt a Houston air-quality ordinance. The Houston ordinance’s enforcement provisions are inconsistent with the statutory enforcement requirements. The ordinance allows cri...