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 court holds that application of the Endangered Species Act (ESA) to a commercial housing development that threatened the continued existence of the arroyo southwestern toad, an endangered…

The court rejects a timber company's Declaratory Judgment Act claim against two private environmental groups, the U.S. Fish and Wildlife Service (FWS), and the National Marine Fisheries…

The court holds that the U.S. Supreme Court's decision in Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598 (2001), did…

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's (FWS') decision that the westlope cutthroat trout (WCT) did not warrant listing as an endangered or threatened species was arbitrary and…

The court reverses a district court decision and holds that the U.S. Fish and Wildlife Service (FWS) does not have discretion under Endangered Species Act (ESA) §4 to make an initial determination…

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 affirms a district court denial of an environmental group's motion for a preliminary injunction to stay the U.S. Department of the Navy's exercises on the island of Vieques…

The court holds that the take provision of the Endangered Species Act (ESA), as applied to landowners, does not violate the U.S. Commerce Clause. After purchasing property, the landowners sought…