"Take," §9(a)(1)(B)

A district court permanently enjoined FWS from taking endangered red wolves in a challenge against the agency's authorizations of takes of the species on private property. Environmental…

A district court granted environmental groups' request for discovery relevant to the lobster fishing industry's impact on the endangered North Atlantic right whale. The groups argued…

The Eighth Circuit affirmed a lower court decision that a zoo violated the ESA due to its mistreatment of endangered lemurs and tigers. On appeal, the zoo argued that the animal rights activists…

A district court issued a preliminary injunction enjoining FWS from conducting or authorizing the take of wild red wolves on private land without first demonstrating that the wolf at issue is a…

A district court ordered the state of Idaho to propose a plan to protect the Canada lynx, a threatened species, from being inadvertently captured or killed in northern Idaho due to traps set by…

The Fifth Circuit denied a motion to rehear its earlier decision that the Texas Commission on Environmental Quality (TCEQ) did not cause the unlawful take of endangered whooping cranes in the…

A district court held that the Texas Commission on Environmental Quality violated ESA §9 by failing to properly manage freshwater inflows into the San Antonio and Guadalupe bays during the 2008-…

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…