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Environmental Policies Center for Biological Diversity

Perkins Coie

Failure to Explain Selection of Project Alternative Violated NEPA and APA

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: Center for Biological Diversity Petition to Object Filed Addressing La Paz County, Arizona Gold Mine

The Center for Biological Diversity (“CBD”) filed a June 6th Petition to Object addressing the Bonanza Explorations’, Inc. Clean Air Act Title V Permit renewal.’ The Petition objects to the renewal of a Title V Operating...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Use of Phosphogypsum/Small Scale Road Pilot Project: Center for Biological Diversity Files Federal Appellate Court Challenge to...

The Center for Biological Diversity (“CBD”) filed a Petition for Review (“Petition”) in the United States Court of Appeals for the Eleventh Circuit challenging the United States Environmental Protection Agency (“EPA”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Expedited Wetland Permitting/U.S. Army Corp of Engineers: 690 Permits Reclassified as Energy Emergencies (Including 3 Arkansas...

Pursuant to Executive Order 14156, the United States Army Corp of Engineers (“Corps”) has reclassified 690 Clean Water Act Section 404 Wetland Permits as Emergency Actions. Executive Order 14156 is entitled “Declaring a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Listing Timeline/Endangered Species Act: Center for Biological Diversity and U.S. Fish and Wildlife Service Enter into Stipulated...

The United States Fish and Wildlife Service (“Service”) and Center for Biological Diversity (“CBD”) entered into a January 16th Stipulated Settlement Agreement (“Agreement”) imposing deadlines for required listing decisions...more

Nossaman LLP

Group Seeks Permitting Requirement for Bird Deaths at Commercial Buildings

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On September 4, 2024, the Center for Biological Diversity, along with more than 20 other groups, (collectively, CBD) delivered a petition (Petition) to the U.S. Fish and Wildlife Service (Service) in which CBD requested the...more

Nossaman LLP

CBD Lawsuit Challenges Service’s Failure to Prevent Toxic Pesticides from Harming Endangered Species

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On February 1, 2024, the Center for Biological Diversity (CBD) filed an amended complaint (Complaint) in the U.S. District Court of Arizona, alleging the U.S. Fish and Wildlife Service (Service) failed to timely analyze the...more

Holland & Hart LLP

Tenth Circuit Ruling on Temporary Emissions in Colorado Will Have Widespread Impacts on Air Permitting in Western States

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In a decision with implications for air permitting across the West, a divided three-judge panel of the Tenth Circuit Court of Appeals vacated and remanded EPA’s approval of Colorado’s state implementation plan (SIP) based...more

Holland & Hart LLP

Groundbreaking Lawsuit Challenges Utah's Management of Great Salt Lake

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A coalition of environmental groups filed a groundbreaking lawsuit against the State of Utah’s Department of Natural Resources, Division of Forestry, Fire and State Lands, and Division of Water Rights (the Agencies), alleging...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Toxic Pollutant/Priority Pollutant Lists/Pretreatment Determinations: Environmental Organizations Petition U.S. Environmental...

The Northwest Environmental Advocates and Center for Biological Diversity (collectively “NEA”) submitted a July 31st document to the United States Environmental Protection Agency (“EPA”) styled: Petition for Rulemaking...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Pyramid Pigtoe Mussel/Endangered Species Act: Center for Biological Diversity Judicial Complaint Alleging U.S. Fish and Wildlife...

The Center for Biological Diversity (“CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Arizona against the United States Fish and Wildlife...more

Holland & Hart LLP

Restraining ESA Critical Habitat: Ninth Circuit Overturns FWS’s Jaguar Critical Habitat Designation

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On May 17, 2023, in Center for Biological Diversity v. U.S. Fish & Wildlife Service (CBD v. FWS), the Ninth Circuit Court of Appeals set aside parts of the U.S. Fish and Wildlife Service’s (FWS) designation of critical...more

Nossaman LLP

Federal Court Allows Center for Biological Diversity to Continue Large ESA Lawsuit Against U.S. Fish and Wildlife Service

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Last week, the U.S. District Court for the District of Columbia issued a ruling allowing the Center for Biological Diversity (CBD) to continue pursuing its large Endangered Species Act (ESA) lawsuit against the U.S. Fish and...more

Nossaman LLP

Dunes Sagebrush Lizard Back in Court

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On May 19, 2022, the Center for Biological Diversity (CBD) filed a lawsuit in the U.S. District Court for the District of New Mexico, challenging the U.S. Fish and Wildlife Service’s (Service) failure to make a timely...more

Balch & Bingham LLP

EPA Proposes Deadlines For Acting On Petition To Regulate PVC As Hazardous Waste

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EPA is proposing to enter into a consent decree setting deadlines for the agency to act on a pending petition to list polyvinyl chloride (PVC) as a hazardous waste under the Resource Conservation and Recovery Act (RCRA)....more

Nossaman LLP

Conservation Group Sues USFWS over Protections for Two California Fish Species

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Last week, the Center for Biological Diversity (CBD) filed suit against the U.S. Fish and Wildlife Service in the U.S. District Court for the Central District of California, alleging that the agency violated the Endangered...more

Nossaman LLP

D.C. Circuit Shuts Down Challenge to Species Status Assessments

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In a per curiam decision, the United States Court of Appeals for the D.C. Circuit dismissed the Center for Biological Diversity’s (CBD) challenge to the Fish and Wildlife Service’s (Service) process for assessing the status...more

Williams Mullen

Corps’ Nationwide Permits Rule Hits Blue Wall

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The U.S. Army Corps of Engineers published its final rule for the Reissuance and Modification of Nationwide Permits in the waning days of the Trump Administration. The final rule reissues and modifies 12 existing nationwide...more

Allen Matkins

California Environmental Law & Policy Update - February 2021 #4

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Officials call for protection of Redwood City’s salt ponds - The San Mateo Daily Journal – February 19 - Nearly 60 Bay Area political leaders and organizations last Tuesday asked the Biden administration to protect...more

Allen Matkins

California Environmental Law & Policy Update - January 2021 #3

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Biden orders review and reversal of over 100 Trump administration environmental regulations - The New York Times – January 20 - President Joe Biden this Wednesday recommitted the United States to the Paris climate...more

Allen Matkins

California Environmental Law & Policy Update - August 2020 #3

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California and five major automakers finalize deal on vehicle emissions standards - The New York Times – August 17 - The California Air Resources Board (CARB) this Monday finalized “Settlement Agreements” with five of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Robbing the Wild - How 10 States' Refusal to Ban Trapping is Hurting America's Wild Turtles: Center for Biological Diversity...

The Center for Biological Diversity (“CBD”) issued a report titled: Robbing the Wild: How 10 States’ Refusal to Ban Trapping is Hurting American’s Wild Turtles (“Report”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Houston Toad/Endangered Species Act: Center for Biological Diversity Judicial Challenge to U.S. Fish and Wildlife Service Recovery...

The Center for Biological Diversity (“CBD”) filed a February 24th Complaint for Declaratory Injunctive Relief (“Complaint”) against the United States Fish and Wildlife Service (“Service”) involving the Endangered Species Act...more

Allen Matkins

California Environmental Law & Policy Update - March 2020

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California approves ambitious new plan to deal with climate change and sea-level rise - San Francisco Chronicle – February 26 - The state's Ocean Protection Council, the cabinet-level policy body within the California...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Louisiana-Mississippi Map Turtles/Endangered Species Act: Center for Biological Diversity Federal District Challenge to U.S. Fish...

The Center for Biological Diversity and Healthy Gulf (collectively “CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Columbia against the...more

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