A district court preliminarily enjoined FWS from releasing endangered Mexican wolves in New Mexico without first obtaining the necessary permits from the state's game and wildlife agency. New Mexico law requires all persons who import and release non-domesticated animals to obtain a permit before do...
The Ninth Circuit upheld BLM's decision to grant a right-of-way allowing a wind energy project to be built and operated on federal lands in southeast San Diego County. Community groups argued that BLM violated NEPA, the Migratory Bird Treaty Act (MBTA), and the Bald and Golden Eagle Protection Act i...
The Ninth Circuit held that BLM’s approval of a wind-energy development project in southeastern Oregon failed to adequately address impacts to the greater sage grouse in violation of NEPA. The challenged project entails the construction of wind turbines and a right-of-way across a sagebrush landsc...
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...
In an unpublished opinion, a district court held that a developer may go forward with its CERCLA, tort law, and fraudulent concealment claims against the former owner of contaminated property under which PCB-contaminated USTs were discovered after the developer purchased the property. The developer ...