Incidental taking

A magistrate judge granted in part and denied in part the Forest Service's and FWS' motion to dismiss a lawsuit concerning a Forest Service policy that allows states to decide whether…

A district court ordered the Massachusetts Executive Office of Energy and Environment Affairs (MEOEEA) to seek an incidental take permit pursuant to the ESA before issuing licenses that allow…

A district court held that NMFS violated the ESA by approving a U.S. lobster fishery without adequately considering the fishery's impact on the endangered North Atlantic right whale.…

A district court denied local government entities' and landowners' request to temporarily halt construction of a 430-mile natural gas pipeline in Texas. Plaintiffs argued that allowing…

A district court denied summary judgment in a lawsuit concerning potential harms to local trout populations from a proposed copper and silver mine in Montana. Environmental groups and a Native…

The Fourth Circuit vacated a biological opinion and incidental take statement issued by FWS in connection with a proposed natural gas pipeline that would run from West Virginia to North Carolina.…

A district court granted in part environmental groups' motion for summary judgment in a challenge to FWS' administration of a wildlife export program under the Convention on…

The Fourth Circuit, in an unpublished decision, vacated FWS' incidental take statement that authorized a pipeline project along the Atlantic coast to take certain threatened or endangered…

The D.C. Circuit held that FWS violated NEPA when it issued an incidental take permit for the Indiana bat, an endangered species, in connection with a wind farm project in Ohio. Because the farm…

The D.C. Circuit reversed and remanded a lower court decision that the Bureau of Ocean Energy Management (BOEM) complied with NEPA and that FWS complied with the ESA in connection with a wind…