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Center for Biological Diversity v. Bernhardt

A district court denied FWS' motion to dismiss a challenge to its authorization of 12 leopard import permits from hunts expected to occur in Zimbabwe, Tanzania, and Zambia. Environmental groups argued FWS' authorization violated the ESA by making a non-detriment finding without considering the facto...

Center for Biological Diversity v. Haaland

The Ninth Circuit reversed summary judgment for FWS in a challenge to the Service's 2017 decision reversing its 2011 decision that the Pacific walrus qualified for listing under the ESA. An environmental group had argued the Service violated the APA by failing to sufficiently explain its change in p...

Phoenix Herpetological Society v. United States Fish and Wildlife Service

The D.C. Circuit affirmed summary judgment for FWS in a lawsuit concerning its denial of a nonprofit group's permit applications to export four blue iguanas to a Danish zoo and to continue a captive-bred wildlife program at its Arizona facility. A district court saw no problem with FWS' denials and ...

Center for Biological Diversity v. Haaland

In an unpublished opinion, the D.C. Circuit affirmed dismissal of a challenge to FWS' failure to provide notice and comment on its guidelines for creating species status assessments. An environmental group had argued that FWS violated the ESA by failing to put the guidelines through notice and comme...

Guam v. United States

The U.S. Supreme Court unanimously held that a settlement of environmental liabilities must resolve a CERCLA-specific liability to give rise to a contribution action under §113(f)(3)(B), in a lawsuit concerning a landfill in Guam formerly owned by the U.S. Navy. After entering into a consent decree...

Kentucky Waterways Alliance v. Kentucky Utilities Co.

A district court granted summary judgment for a utility company in a lawsuit concerning groundwater discharges from coal ash ponds at its power plant in Kentucky. Environmental groups argued that the discharges threatened immediate and substantial environmental harm to a nearby lake and streams, in ...

Friends of Animals v. Haaland

The Ninth Circuit reversed summary judgment for FWS in a challenge to the Service's rule requiring that affected states receive a 30-day notice of intent to file a petition to list an endangered species. An environmental group argued that FWS violated the ESA by impermissibly requiring the 30-day no...

Defenders of Wildlife v. U.S. Fish and Wildlife Service

A district court granted an environmental group's motion for preliminary injunction in a challenge to FWS' alleged allowance of commercial horseshoe crab harvesting in the Cape Romain Wildlife Refuge. The group argued the Service violated the National Wildlife Refuge System Improvement Act (Refuge I...

The Klamath Tribes v. United States Bureau of Reclamation

A district court denied a Native American tribe's request to limit water releases from the Upper Klamath Lake to protect two endangered sucker fish species. The tribe argued that the Bureau of Reclamation's plan to regulate water in the Klamath Basin violated the ESA by allowing the lake's water lev...

Talarico Bros. Building Corp. v. Union Carbide Corp.

A district court dismissed a RCRA citizen suit brought against present and former owners of chemical plants for allegedly releasing radioactive slag deposited on landowners' properties in New York. The landowners sought injunctive relief under RCRA, including ordering the plant owners to evaluate ea...