Desert Survivors v. United States Department of the Interior
A district court granted summary judgment for environmental groups in a challenge to FWS' 2020 withdrawal of its 2013 proposal to list the bi-state sage-grouse as a threatened species under the ESA, and vacated the withdrawal. The groups argued the withdrawal violated the ESA because the Service's d...
San Francisco Herring Ass'n v. U.S. Department of the Interior
The Ninth Circuit affirmed summary judgment for the National Park Service (NPS) in a challenge to the Service's authority to prohibit commercial herring fishing in the Golden Gate National Recreation Area (GGNRA). A fishing group argued that NPS lacked authority under the GGNRA Act to enforce the co...
Allen, Jr. v. Environmental Restoration, LLC
The Tenth Circuit reversed a district court's denial of a motion to dismiss a CWA citizen suit concerning the release of contaminated water from an inactive gold mine in Colorado. Nearby farmers filed suit in a New Mexico district court, alleging several state-law claims. A hazardous waste managemen...