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 Ninth Circuit held that FWS' biological opinion addressing a hatchery project's impact on the bull trout in the Columbia River violates the ESA. Although the hatchery project is…

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…

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…

A district court granted environmental groups’ motion for summary judgment finding that the NMFS and the FWS (collectively, the Services) acted arbitrarily and capriciously in failing to consider…

A district court enjoined an energy company from building additional wind turbines at a wind farm project in West Virginia until it obtains an incidental take permit under the ESA for the Indiana…

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…

The court held that a U.S. Fish and Wildlife Service (FWS) incidental take statement authorizing the taking of all northern spotted owls associated with certain proposed timber harvests in the…

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…