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General Land Office of the State of Texas v. FWS

A district court held that the state of Texas cannot challenge the listing of the golden-cheeked warbler as endangered under the ESA. The state brought a lawsuit against FWS alleging that the agency unlawfully dismissed a petition to delist the golden-cheeked warbler. The petition provided evidence ...

The Trump Administration’s First Steps Toward Streamlining Environmental Reviews

On August 15, 2017, President Donald Trump issued an Executive Order entitled “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects," which seeks to expedite federal review and approval of infrastructure projects by imposing new timelines and procedures, including a two-year deadline for completing reviews under NEPA and issuing permits for major infrastructure projects.

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. ...