A district court remanded a portion of FWS’ addendum to a 2007 biological opinion concerning the incidental take of grizzly bears in the Grand Teton National Park. In 2007, FWS and the National…

A district court held that FWS violated NEPA when it issued a rule increasing from five years to 30 years the maximum duration of programmatic permits for wind energy developers to take bald and…

The Ninth Circuit upheld a 2010 FWS rule designating critical habitat for the threatened Santa Ana sucker, a small freshwater fish native to several California rivers and streams. In 2004, FWS…

A district court held that FWS and the National Marine Fisheries Service (NMFS) violated the ESA and NEPA when they issued 50-year incidental take permits to a farm to take the northern spotted…

The Fifth Circuit reversed a lower court decision barring the Texas Commission on Environmental Quality (TCEQ) from issuing new permits to withdraw water from rivers that feed the estuary where…

A district court largely upheld several administrative decisions made by federal agencies approving the construction of various aspects of an offshore wind energy project in Nantucket Sound,…

The Ninth Circuit upheld a consent decree vacating a portion of a National Marine Fisheries Service (NMFS) regulation increasing the limit on incidental interactions between longline fishing boats…

A district court granted environmental groups’ motion for summary judgment finding that the NMFS and the FWS (collectively, the Services) acted arbitrarily and capriciously in failing to consider…

A district court enjoined an energy company from building additional wind turbines at a wind farm project in West Virginia until it obtains an incidental take permit under the ESA for the Indiana…

The court held that a U.S. Fish and Wildlife Service (FWS) incidental take statement authorizing the taking of all northern spotted owls associated with certain proposed timber harvests in the…