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Conservation Law Foundation v. Ross

A district court enjoined a NMFS rule that opened two areas of previously protected North Atlantic right whale habitat off the New England coast to gillnet fishing. An environmental group argued that the Sustainable Fisheries Division (SFD) of NMFS failed to consult with the agency’s Protected Res...

Center for Biological Diversity v. U.S. Army Corps of Engineers

The Eleventh Circuit affirmed a district court decision upholding the U.S. Army Corps of Engineers' issuance of four CWA §404 permits to a fertilizer manufacturer engaged in phosphate mining in Florida. The district court found nothing arbitrary or capricious about the Corps’ determination that p...