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Desert Survivors v. U.S. Department of the Interior

A district court held that FWS' decision to withdraw its proposed listing of the "bi-state sage grouse" as threatened under the ESA was arbitrary and capricious. FWS recognized that one of the studies it relied on was questionable. In addition, FWS violated its own policy when it failed to offer any...

Sierra Club v. United States Department of the Interior

The Fourth Circuit, in an unpublished decision, vacated FWS' incidental take statement that authorized a pipeline project along the Atlantic coast to take certain threatened or endangered species. The limits set by the agency were so indeterminate that they undermined the incidental take statement's...

Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Zinke

The Ninth Circuit affirmed a lower court's grant of summary judgment in favor of a Native American tribe in a lawsuit seeking to enjoin the DOI's Bureau of Indian Affairs (BIA) from taking a parcel of land into trust for the tribe so it could build a casino and hotel complex. Following the BIA's dec...