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Environmental Policies › Endangered Species Act (ESA) › Judicial Review

Nossaman LLP

ESA Legislative Update

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The Committee on Natural Resources (Committee) in the U.S. House of Representatives is considering a number of bills regarding wildlife, including bills to reauthorize the Endangered Species Act (ESA) and Marine Mammal...more

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

Nossaman LLP

Court Overturns Service Decision that Listing Joshua Tree is Not Warranted

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On May 12, 2025, the U.S. District Court for the Central District of California ordered the U.S. Fish and Wildlife Service (Service) to reevaluate its decision not to list two species of Joshua tree—Yucca brevifolia (western...more

Nossaman LLP

Numerous Parties File Amicus Briefs In Dusky Gopher Frog Case

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As we reported here, the U.S. Supreme Court granted review of the petition for writ of certiorari in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, No. 17-71, on January 22, 2018. ...more

Hogan Lovells

Supreme Court grants a shy frog the chance to shape critical habitat designations

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The Supreme Court (the Court) will soon address two recurring issues concerning administration of the Endangered Species Act, and more broadly the deference given to agency action in the discretionary exercise of statutory...more

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