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 affirms in part and reverses in part a district court decision upholding National Marine Fisheries Service (NMFS) regulations providing a Native American tribe an allocation of the…
The court affirms an Armed Services Board of Contract Appeals decision denying a construction company's application for an equitable adjustment for additional costs incurred hauling waste…
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 dismisses on motions for summary judgment a fishing association's claims against the Secretary of Commerce challenging the National Marine Fisheries Service's (NMFS') 2001…
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…
The court affirms a district court decision rejecting an environmental group's claims for attorney fees in connection with their lawsuit against the U.S. Department of the Interior (DOI) in…
The court holds that the Endangered Species Act's (ESA's) application to private lands in order to protect an endangered species that lives entirely within one state does not violate the…
The court holds that the Bald and Golden Eagle Protection Act (BGEPA) does not violate the Free Exercise or Establishment Clauses of the U.S. Constitution and, therefore, affirmed an individual…