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Swan View Coalition v. Haaland

A magistrate judge recommended summary judgment be granted in part and denied in part for environmental groups in a challenge to the Forest Service's 2018 revision to the forest management plan for Flathead National Forest. The groups argued the Forest Service and FWS failed to rationally consider t...

Defenders of Wildlife v. United States Forest Service

The Tenth Circuit affirmed dismissal of an environmental group's petition to review FWS' revised land management plan for the Rio Grande National Forest. The group argued FWS' biological opinion (BiOp), which concluded the plan would not likely jeopardize the Canada lynx's continued existence, faile...

Save Long Beach Island v. U.S. Department of Commerce

A district court granted NMFS' motion to dismiss a challenge to its decision to issue several incidental take authorizations (ITAs) for wind farm development off the coasts of New Jersey and New York. A nonprofit group argued NMFS violated the Marine Mammal Protection Act because the ITAs had more t...

New Mexico Cattle Growers' Ass'n v. United States Fish and Wildlife Service

A district court denied summary judgment for a trade group representing ranchers and beef producers in a challenge to FWS' denial of the group's petition to remove the southwestern willow flycatcher from the endangered list under the ESA. The group argued FWS' denial, which concluded the southwester...

American Forest Resource Council v. Williams

The D.C. Circuit affirmed dismissal of a challenge to two FWS rules that delayed a 2021 proposed rule to reduce the amount of land in the Pacific Northwest designated as critical habitat for the northern spotted owl. A logging group challenged the validity of the rules delaying the effective date of...

A.P. Bell Fish Co., Inc. v. Raimondo

The D.C. Circuit affirmed in part and reversed in part summary judgment for commercial fishermen in a challenge to an NMFS rule implementing an amendment to a fishery management plan for reef fish resources in the Gulf of Mexico. The fishermen argued the amendment arbitrarily relied on an economic a...

Puyallup Tribe of Indians v. Electron Hydro, LLC

A district court granted in part and denied in part a tribe's motion for partial summary judgment in a lawsuit concerning a hydroelectric dam on the Puyallup River in Washington. The tribe argued the dam operator's installation of a temporary rock dam/spillway unlawfully harmed and harassed Chinook ...

Carson v. Monsanto

The Eleventh Circuit vacated a district court's conclusion that FIFRA expressly preempted a state failure-to-warn claim brought by a Georgia landowner against the manufacturer of the weedkiller Roundup. The landowner argued the weedkiller caused his cancer and sued the manufacturer for failing to wa...

Atchafalaya Basinkeeper v. Bernhardt

A district court denied nonprofit groups' motion for summary judgment in a challenge to FWS' 2016 decision to delist the Louisiana black bear after determining its population had recovered and was no longer threatened. The groups argued FWS should not have included the Upper Atchafalaya River Basin ...