A district court dismissed a challenge to the Bureau of Reclamation's alleged ongoing, unpermitted take of bull trout through operation of an irrigation project near Glacier National Park. An environmental group argued that the Bureau's water control and delivery structures in the St. Mary River dra...
A district court granted in part and denied in part advocacy and industry groups' motion for summary judgment in a challenge to FDA's decision to allow a company to create and farm genetically engineered salmon. The groups argued that FDA violated NEPA by failing to take a sufficiently "hard look" a...
A district court denied environmental groups' motion for summary judgment in a challenge to two mining-related rules issued by BLM. The groups argued that the 2008 Mining Claim Rule violated the General Mining Law and FLPMA by improperly restricting the application of FLPMA's fair market-value manda...
State wildlife agencies commonly claim they are entitled to manage wildlife under the public trust doctrine (PTD). This assertion is frequently made in judicial proceedings, with state requests that their managerial authority be given due force throughout state, private, federal, and even tribal lands. One might conclude that a rich body of PTD practices and policies exists for wildlife; in reality, the PTD in state wildlife management proves to be ephemeral.
A district court struck down BLM's 2016 rule promulgating new regulations to reduce natural gas waste during oil and gas production activities on federal land and Indian leases. States argued that the rule exceeded BLM's statutory authority and was otherwise arbitrary and capricious. The court found...
A district court dismissed a challenge to FWS' designation of critical habitat for the New Mexico meadow jumping mouse. Southwestern ranchers argued that the Service underestimated the designation's economic impacts by not considering costs beyond the designation itself, in violation of the ESA. The...