A district court denied motions to dismiss a lawsuit challenging the federal designation of over 1.8 million acres in the Sierra Nevada mountains as critical habitat for three amphibian species. Associations representing California ranchers and farmers who are no longer able to graze livestock on th...

A district court dismissed groups' NEPA and CWA claims against the U.S. Army Corps of Engineers in connection with its approval of a 17-mile transmission line across the James River near historic Jamestown, Virginia. The Corps took a "hard look" at the project and properly determined that no EIS was...

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...

The Fourth Circuit, in an unpublished decision, vacated FWS' incidental take statement that authorized a pipeline project along the Atlantic coast to take certain threatened or endangered species.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...