News & Analysis as of

US Fish and Wildlife Service Remand

Nossaman LLP

Court Vacates Lesser Prairie-Chicken Listing

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On August 12, 2025, the U.S. District Court for the Western District of Texas (Midland Odessa Division) granted the U.S. Fish and Wildlife Service’s (Service) request to vacate and remand the agency’s final rule (Final Rule)...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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Court Sends Endangered Species Act Regulations Back to the Agencies

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On November 16, 2022, the U.S. District Court for the Northern District of California (District Court) remanded three sets of Endangered Species Act (ESA) regulations promulgated in 2019 under the Trump Administration back to...more

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Court Remands Northern Long-eared Bat Listing Back to USFWS

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Yesterday, in Center for Biological Diversity v. Everson?, the United States District Court for the District of Columbia overturned the U.S. Fish and Wildlife Service’s (USFWS) decision to list the northern long-eared bat...more

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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

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

National Environmental Policy Act/Endangered Species Act: Federal Appellate Court Addresses Challenge to U.S. Forest Service...

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a June 4th Order whether the United States Fish and Wildlife Service (“FWS”) and the United States Forest Service (“USFS”) approval of the...more

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U.S. Fish and Wildlife Ordered to Take Fresh Look at Petition to Delist Bone Cave Harvestman

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On March 28, 2019, a federal judge overturned the U.S. Fish and Wildlife Service’s (“USFWS”) rejection of a petition to delist an endangered karst invertebrate species, the Bone Cave harvestman (Texella reyeisi) (“BCH”),...more

Davis Wright Tremaine LLP

Breaking Bad Habitats?

As reported in this space, in November 2018, the U.S. Supreme Court remanded to the Court of Appeals for the Fifth Circuit a determination by the U.S. Fish & Wildlife Service on critical habitat for the dusky gopher frog. ...more

Pillsbury - Gravel2Gavel Construction & Real...

SCOTUS Remands “Dusky Gopher Frog” ESA Case to the Fifth Circuit

On November 27, 2018, the U.S. Supreme Court issued a ruling vacating and remanding the U.S. Court of Appeals for the Fifth Circuit’s decision in Weyerhaeuser Company v. U.S. Fish and Wildlife Service. ...more

Dorsey & Whitney LLP

The Supreme Court - November 27, 2018

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The Supreme Court of the United States issued the following decision today: Weyerhaeuser Co. v. United States Fish and Wildlife Serv., No. 17-71: The Fish and Wildlife Service, which administers the Endangered Species Act...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

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Ninth Circuit Partially Reverses Agencies’ Sea Turtle and Migratory Bird Conclusions Related to Swordfish Fishery Expansion

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On December 27, 2017, the U.S. Court of Appeals for the Ninth Circuit partially reversed and remanded a decision by the United States District Court for the District of Hawaii, delaying if not derailing an expansion in...more

Latham & Watkins LLP

Court Rejects 30 Year Eagle Permit Rule on NEPA Grounds

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On August 11, 2015, the US District Court for the Northern District of California remanded a US Fish & Wildlife Service’s (FWS) 2013 final rule that had extended the maximum duration of eagle take programmatic permits under...more

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