The Ninth Circuit held that ESA §§7 and 9, as applied to the California delta smelt, do not violate the Commerce Clause. In 2008, the FWS issued a biological opinion (BiOp) to the Bureau of…

The Ninth Circuit amended dicta set forth in its prior opinion at 40 ELR 20233, which held that property owners and three employees of the California Department of Fish and Game did not violate…

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 the Federal Emergency Management Agency (FEMA) and the U.S. Fish and Wildlife Service (FWS) satisfied their Endangered Species Act (ESA) obligations concerning possible…