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Arbitrary and Capricious › Administrative Procedure Act › Endangered Species Act (ESA)

Perkins Coie

Failure to Explain Selection of Project Alternative Violated NEPA and APA

Perkins Coie on

The Ninth Circuit held that the Bureau of Land Management (BLM) acted arbitrarily and capriciously by failing to explain in its Record of Decision why it selected a project alternative that did not meet the development...more

Holland & Knight LLP

Projecting the Future: Court Upholds Listing for Bearded Seals - Ninth Circuit Decision Based on Projections of Climate Change...

Holland & Knight LLP on

In Alaska Oil & Gas Ass'n v. Pritzker, the U.S. Court of Appeals for the Ninth Circuit recently upheld a rule listing two species of seals as "threatened" under the Endangered Species Act (ESA) based on climate change...more

Sheppard Mullin Richter & Hampton LLP

Use of long-term climate projections for bearded seal listing not necessarily a bellwether for Endangered Species Act decisions

Sheppard Mullin Richter & Hampton LLP on

The Ninth Circuit this week upheld a National Marine Fisheries Service decision to list the Pacific bearded seal as threatened under the Endangered Species Act based primarily on threats from climate change, reversing a...more

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