Center for Biological Diversity v. Haaland
The Ninth Circuit reversed summary judgment for FWS in a challenge to the Service's 2017 decision reversing its 2011 decision that the Pacific walrus qualified for listing under the ESA. An environmental group had argued the Service violated the APA by failing to sufficiently explain its change in p...
Phoenix Herpetological Society v. United States Fish and Wildlife Service
The D.C. Circuit affirmed summary judgment for FWS in a lawsuit concerning its denial of a nonprofit group's permit applications to export four blue iguanas to a Danish zoo and to continue a captive-bred wildlife program at its Arizona facility. A district court saw no problem with FWS' denials and ...
Voigt v. Coyote Creek Mining Co., LLC
The Eighth Circuit affirmed, 2-1, summary judgment for a mining company in a lawsuit concerning the company's operation of a coal mine in North Dakota. Owners of an adjacent ranch argued the company violated the CAA by failing to obtain the proper construction permit for the mine and failing to impl...
Center for Biological Diversity v. Haaland
In an unpublished opinion, the D.C. Circuit affirmed dismissal of a challenge to FWS' failure to provide notice and comment on its guidelines for creating species status assessments. An environmental group had argued that FWS violated the ESA by failing to put the guidelines through notice and comme...