The Tenth Circuit affirmed dismissal of a challenge to FWS' 2018 decision to modify certain trails in the Rocky Flats National Wildlife Refuge. Community groups argued the modifications were significant and that FWS failed to prepare a supplemental EIS and relied on categorical exclusions based on a...
The Ninth Circuit affirmed summary judgment for FWS in a challenge to its combined EIS and comprehensive conservation plan (CCP) concerning the continued leasing of refuge land for farming in the Klamath Basin National Wildlife Refuge Complex. Environmental groups argued the EIS/CCP violated the Nat...
A district court granted summary judgment for conservation groups in a challenge to NMFS' 2021 issuance of a biological opinion (BiOp) and final rule concerning lobster fishing gear requirements and the endangered North Atlantic right whale. The groups argued the BiOp violated the ESA by allowing fo...
The First Circuit vacated a district court order preliminarily enjoining NOAA's partial seasonal closure of a Maine lobster fishery to protect endangered North Atlantic right whales. A fishing union argued the closure was an arbitrary and capricious application of the Marine Mammal Protection Act, a...
A district court dismissed a challenge to FWS rules delaying the effective date of a January 2021 rule that designated portions of Washington, Oregon, and California as critical habitat for the northern spotted owl. A trade group and counties throughout the Pacific Northwest sought to vacate the "de...
A district court vacated a series of regulations enacted in 2019 that modified how FWS and NMFS implement the ESA. Environmental groups, states, and cities argued the regulations violated the ESA, the APA, and NEPA. FWS and NMFS moved to remand without vacatur, arguing vacatur would cause confusion ...
The Ninth Circuit affirmed, 2-1, a district court's denial of a Native American group's motion to preliminarily enjoin a land exchange and prevent copper mining on land in Arizona. The group argued the land exchange violated the Religious Freedom Restoration Act (RFRA), the Free Exercise Clause, and...
A district court granted an environmental group's motion to preliminarily enjoin the Forest Service and FWS from moving forward with a logging and road building project in the Kootenai National Forest. The group argued the agencies violated the ESA by failing to conduct a lawful cumulative effects a...
A district court granted FWS' motion for voluntary remand in a challenge to its 2020 decision to withdraw a 2013 proposed rule to list the wolverine as a threatened distinct population segment (DPS) in the contiguous United States under the ESA. Environmental groups argued the withdrawal was based o...