Late last month, the United States District Court for the District of Idaho denied preliminary injunctive relief in an Endangered Species Act case against the Fish and Wildlife Service (FWS) and Forest Service, even though it...more
In a published opinion affirming the denial of preliminary injunctive relief, the U.S. Court of Appeals for the Ninth Circuit held that "there is no statutory mandate to consider cumulative effects during informal...more
The Trinity River Hatchery, which is operated by the California Department of Fish and Wildlife and funded by the U.S. Bureau of Reclamation, has a production capacity of approximately 40 million salmonid eggs....more
On March 29, 2013, after more than 11 years of litigation, the United States District Court for the District of Columbia held that a defendant, as the prevailing party, was entitled to attorneys' fees under the Endangered...more
The Palila (Loxioides bailleui) is a small bird native to Hawaii that was listed as endangered in 1967. In 1998, the U.S. District Court for the District of Hawaii, pursuant to a stipulation submitted by the parties, issued...more
On February 27, 2013, the U.S. Court of Appeals for the Federal Circuit affirmed the dismissal of a Fifth Amendment takings claim based on the finding that the claim was "not ripe." The claim is unusual because it arose in...more
Yesterday, a Republican Senator from Texas, John Cornyn, introduced a bill that would prohibit the U.S. Fish and Wildlife Service from settling environmental lawsuits without first publishing the complaint "in a readily...more
On February 1, 2013, the U.S. Fish and Wildlife Service announced its proposal to list the wolverine (Gulo gulo luscus) as a threatened species under the Endangered Species Act. The proposed listing is the result of a...more
On January 10, 2013, the United States District Court for the District of Alaska issued an order vacating the U.S. Fish and Wildlife Service's critical habitat designation for the polar bear after concluding that the Service...more
On January 4, 2012, the United States Court of Appeals for the District of Columbia held that Safari Club International (Safari Club) lacked standing to intervene as a matter of right in the litigation that resulted in two...more
On December 17, 2012, the National Association of Home Builders, the Olympia Master Builders, the Home Builder Association of Greater Austin, and the Texas Salamander Coalition, Inc., filed a lawsuit against the U.S. Fish and...more
On January 2, 2013, the U.S. Fish and Wildlife Service (Service) issued a final rule increasing the critical habitat designated for the southwestern willow flycatcher (Empidonax traillii extimus). The flycatcher is a small...more
On November 30, 2012, the United States District Court for the Northern District of California held that because the National Marine Fisheries Service had considered the economic impacts of designating certain areas as...more
On October 18, 2012, the Center for Biological Diversity filed a petition requesting that the California Fish and Game Commission list the Townsend's big-eared bat (Corynorhinus townsendii) as endangered or threatened...more
On September 4, 2012, the San Francisco Chronicle reported that the U.S. Fish and Wildlife Service will issue a final rule today listing the Franciscan manzanita (Arctostaphylos franciscana) as an endangered species under the...more