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Endangered Species Administrative Procedure Act Appeals

Nossaman LLP

Court of Appeals Affirms Service Decision to Retain Protections for Southwestern Willow Flycatcher

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On August 22, 2025, the United States Court of Appeals for the D.C. Circuit upheld the decision of the U.S. Fish and Wildlife Service (Service) to deny a petition to remove the southwestern willow flycatcher (Empidonax...more

Holland & Knight LLP

Appeals Court Restores Offshore Oil, Gas Lease Sale Without Rice's Whale Protections

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The U.S. Court of Appeals for the Fifth Circuit on Nov. 14, 2023, dismissed claims brought by environmental groups challenging offshore oil and gas Lease Sale 261. The court ordered that the sale take place within 37 days of...more

Nossaman LLP

District Court Dismisses Challenge to Biological Opinions In Light of Circuit Court’s Exclusive Jurisdiction

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Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two...more

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