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US Fish and Wildlife Service Endangered Species Act (ESA) Vacated

Nossaman LLP

District Court Vacates Lesser Prairie-Chicken 4(d) Rule

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On March 29, 2025, the U.S. District Court for the Western District of Texas (District Court) vacated the Endangered Species Act (ESA) special 4(d) rule for the northern distinct population segment (DPS) of the lesser...more

Adams & Reese

“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

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“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal...more

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

Rusty Patched Bumble Bee/Endangered Species Act: Federal Court Addresses U.S. Fish and Wildlife Services Denial of Critical...

The United States District Court for the District of Columbia (“Court”) in an August 11th Memorandum Opinion (“Opinion”) addressed an issue arising under the Endangered Species Act (“ESA”). See Natural Resources Defense...more

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D.C. Circuit Vacates Biological Opinion Built on Presumption in Favor of Listed Species

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On June 16, 2023, in a highly anticipated decision, the United States Court of Appeal for the D.C. Circuit set aside a biological opinion regarding the effects of the federal lobster fishery on the North Atlantic right whale...more

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Court Vacates Trump-Era ESA Regulations

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On July 5, 2022, the U.S. District Court for the Northern District of California issued an order vacating three Trump-era regulations implementing the Endangered Species Act (“ESA”)....more

Woods Rogers

Court Decision Vacating Nationwide Permit 12 Creates Concern for All Nationwide Permits

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On April 15, 2020, the United States District Court for the District of Montana issued a decision in the case of Northern Plains Resource Council v. U.S. Army Corps of Engineers which vacated the Corps of Engineers’...more

Nossaman LLP

FWS Ordered to Explain Rio Grande Cutthroat Trout Decision

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On September 26, 2019, the U.S. District Court for the District of Colorado vacated and remanded in part the U.S. Fish and Wildlife Service’s (Service) 2014 determination that listing the Rio Grande cutthroat trout...more

Nossaman LLP

Endangered Species Act Litigation Round-Up

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The last several days have seen a flurry of activity in the federal courts in matters involving the Endangered Species Act (ESA)...more

Pillsbury - Gravel2Gavel Construction & Real...

D.C. Circuit Rejects FERC’s Licensing Decision, Vacating and Remanding the Matter for Further Work

Another important case was decided by U.S. Court of Appeals for the D.C. Circuit on July 6, American Rivers and Alabama Rivers Alliance v. FERC. The Alabama Power Company, whose application to re-license its electrical power...more

Nossaman LLP

Wolverine Status Review Reinitiated

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The distinct population segment of the North American wolverine (Gulo gulf luscus) has had a long and difficult history with the Endangered Species Act (ESA). However, things appeared to be changing in 2013, when, after...more

Nossaman LLP

The Wolverine Takes on Climate Change: Montana District Court Remands Withdrawal of Proposed Listing Rule

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On April 4, 2016, the U.S. District Court for the District of Montana vacated the U.S. Fish and Wildlife Service’s (Service) August 13, 2014 withdrawal of its proposed rule to list the distinct population segment of the North...more

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