Determination of endangered and threatened species, §4

A district court, in a 116-page opinion, upheld the FWS' final rule listing the polar bear as a threatened species under the ESA. The FWS' decision to list the bear represents a…

A district court vacated the FWS' removal of the Virginia Northern Flying Squirrel from the list of endangered species. Instead of applying the criteria set forth in the squirrel's…

A district court remanded the FWS' final rule listing the polar bear as a “threatened” species under the ESA. Shortly after FWS issued the rule, several groups filed suit, some arguing…

The court holds that the U.S. Fish and Wildlife's (FWS') decision that the westlope cutthroat trout (WCT) did not warrant listing as an endangered or threatened species was arbitrary and…

The court reverses a district court decision and holds that the U.S. Fish and Wildlife Service (FWS) does not have discretion under Endangered Species Act (ESA) §4 to make an initial determination…

The court holds that the U.S. Department of the Interior's (DOI's) decision to withdraw a proposed rule recommending the flat-tailed horned lizard for protection under the Endangered…

The court holds that the U.S. Fish and Wildlife Service's (FWS') petition management guidance policy violated the plain terms of the Endangered Species Act (ESA) and that the Secretary…

The court affirms a district court denial of summary judgment to a building industry association challenging the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy…

The court holds that the Secretary of the Interior violated the Endangered Species Act (ESA) by failing to designate critical habitat for the silvery minnow. The Secretary claimed that he could…

The court holds that it lacks jurisdiction over a building association's appeal of a decision upholding the U.S. Fish and Wildlife Service's (FWS') listing of four species of fairy…