A district court remanded the FWS' final rule listing the polar bear as a “threatened” species under the ESA. Shortly after FWS issued the rule, several groups filed suit, some arguing that…
The First Circuit affirmed a lower court decision denying a motion to enjoin Maine state officials from allowing the use of any foothold traps to prevent the incidental take of Canadian lynx,…
The Tenth Circuit held that the Migratory Bird Treaty Act (MBTA) applies a strict liability standard to the taking or killing of migratory birds but that it requires a defendant to proximately…
The Ninth Circuit upheld the FWS' designation of critical habitat for the Mexican Spotted Owl. A cattle growers' association argued that the FWS unlawfully designated areas containing no owls as "…
The Sixth Circuit affirmed a lower court decision that dismissed plaintiffs’ pre-enforcement challenge to the anti-animal-fighting provisions of the Animal Welfare Act (AWA) on the grounds that…
A district court set aside the U.S. Fish and Wildlife Service's (FWS') decision not to designate critical habitat or to prepare a recovery plan for the jaguar. The FWS' critical habitat…
The D.C. Circuit affirmed a lower court decision upholding NOAA-Fisheries' denial of an emergency rulemaking petition concerning the protection of the North Atlantic right whale, but remanded its…
The Tenth Circuit reversed and remanded a lower court decision dismissing a Native American tribe member's indictment for shooting an eagle without a permit in violation of the Bald and Golden…
A district court ordered the U.S. Department of the Interior (DOI) to publish a final listing determination for the polar bear by May 15, 2008. The parties agreed that the DOI failed to meet its…
The Ninth Circuit reversed a lower court judgment ordering the forfeiture of 64,695 pounds of shark fins under the Shark Finning Prohibition Act. Neither the statute nor its implementing…