The Ninth Circuit affirmed in part and vacated in part summary judgment for DOI in a challenge to its issuance of secretarial procedures authorizing a Native American tribe to operate a hotel and casino in Madera, California. Nonprofit groups argued that issuance of the procedures violated NEPA and ...
This Article, adapted from Chapter 16 of What Can Animal Law Learn From Environmental Law?, 2d Edition (ELI Press, forthcoming 2020), explores existing and potential wildlife conservation policies that could play a vital role in mitigating global climate change. It describes how climate change is impacting wildlife and biodiversity around the globe and reviews the history and current state of U.S. policy, including how the federal government currently manages climate change issues under the ESA.
A district court amended a previous order that vacated a nationwide permit (NWP 12) reissued by the U.S. Army Corps of Engineers and enjoined the Corps from authorizing any dredge or fill activities under the permit pending completion of the ESA §7 consultation process. The Corps moved for a partia...
A magistrate judge granted in part and denied in part the Forest Service's and FWS' motion to dismiss a lawsuit concerning a Forest Service policy that allows states to decide whether bait can be used to hunt black bears in national forests. Environmental groups argued that numerous grizzly bears ha...
A district court preliminarily enjoined the Bureau of Reclamation from expanding water export operations in California's Central Valley based on biological opinions (BiOps) adopted by NMFS and FWS in 2019. California and environmental groups argued that NMFS violated the APA by concluding that expan...