Incidental taking

The court holds that the U.S. Fish and Wildlife Service's (FWS') decision not to designate critical habitat for the stickleback is not arbitrary and capricious, and that the FWS is not…

A court dismisses an environmental group's Endangered Species Act (ESA) and National Environmental Policy Act claims against the U.S. Fish and Wildlife Service and National Oceanic and…

The court holds that the U.S. Fish and Wildlife Service's (FWS') denial of an incidental take permit authorizing logging on 40 acres of protected owl habitat was neither a physical nor a…

The court holds that the no surprises rule, which provides regulatory assurances to holders of incidental take permits (ITPs) issued under the Endangered Species Act (ESA) that they will not be…

The D.C. Circuit held that the U.S. Fish and Wildlife Service (FWS) violated the Endangered Species Act (ESA) by failing to make available for public comment critical information in connection…

The court holds that the U.S. Fish and Wildlife Service (FWS) acted in an arbitrary and capricious manner by issuing incidental take statements imposing terms and conditions on grazing permits…

The court grants summary judgment to the U.S. Department of the Interior in a citizen suit action brought against it under the Endangered Species Act (ESA) and the Administrative Procedure Act…

The court affirms a district court order lifting a temporary restraining order and denying environmental groups' motion to permanently enjoin the construction of a new school on property that…

The court holds that a Florida county's Endangered Species Act (ESA) §10 incidental take permit does not authorize it to take protected sea turtles through purely mitigatory measures…