The Ninth Circuit upheld a lower court decision enjoining two wildfire reduction projects in the Gallatin National Forest—the Bozeman Municipal Watershed Project and the East Boulder Project—because FWS and the U.S. Forest Service failed to adequately assess impacts on lynx critical habitat in v...

The Ninth Circuit upheld NMFS' decision to list a distinct population segment (DPS) of the Pacific bearded seal under the ESA based on future impacts of climate change. Using climate projections, NMFS determined that even though the species is not presently endangered, the loss of sea ice over shall...

The Federal Claims Court held that DOE owes an energy company nearly $34.5 million in damages for failing to perform its contractual obligations to remove spent nuclear fuel from a nuclear power plant in New York. The court granted all of the company's claims except for the Part 171 NRC fees, the re...

The Federal Claims Court held that DOE owes an energy company $13.8 million in damages for failing to perform its contractual obligations to remove spent nuclear fuel from a nuclear power plant in Covert, Michigan. The court found in favor of the the company with respect to its claims for costs rela...

The Ninth Circuit held that NMFS violated the Magnuson-Stevens Fishery Conservation and Management Act when it excluded an historic net-fishing area of Cook Inlet from the salmon fishery management plan (FMP). The Magnuson-Stevens Act unambiguously requires a regional fishery management council to c...

A district court issued a preliminary injunction enjoining FWS from conducting or authorizing the take of wild red wolves on private land without first demonstrating that the wolf at issue is a threat to humans, pets, or livestock. Animal rights groups argued that prior to 2014, FWS interpreted its ...

A district court held that animal rights groups lack standing to challenge FWS' decision to allow the National Primate Research Center to transfer eight of its chimpanzees to a zoo in the United Kingdom. FWS authorized the transfer under ESA §10 on the condition that the Center donate money to an u...