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Supreme Court of the United States Endangered Species Act (ESA)

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Williams Mullen

Environmental Notes - October 2024

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EPA Proposes Removing Affirmative Defense Provisions from Eighteen Clean Air Act Emission Standards - In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for...more

Mintz

EPA & the Army Corps of Engineers have less ability to protect wetlands than they've had in 40 years but Florida still isn't...

Mintz on

We're approaching the first anniversary of the Supreme Court's decision in Sackett v. EPA holding that, contrary to the view of EPA and the Army Corps of Engineers for the past 40 years, the Clean Water Act protects only...more

Snell & Wilmer

The Revocation of Florida’s Clean Water Act 404 Permitting Program: What It Means Moving Forward in Light of SCOTUS’ Recent...

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Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more

Allen Matkins

California Environmental Law & Policy Update - 6.23.23

Allen Matkins on

3M announced on Thursday that it has reached a $10.3 billion settlement with many U.S. public water systems to resolve water pollution claims tied to per- and polyfluoroalkyl substances, commonly known as “PFAS.”...more

Davis Wright Tremaine LLP

SCOTUS Whacks WOTUS, Reducing Protection of American Wetlands

In Sackett v. EPA, the U.S. Supreme Court delivered a massive blow to EPA's ability to regulate wetlands under the Clean Water Act ("CWA"). Addressing the "nagging question" about the reaches of the CWA, Justice Alito, joined...more

Manatt, Phelps & Phillips, LLP

The Supreme Court Provides Clarity and Contraction on Regulation of Waters of the United States

For the first time in modern history, the scope of federal regulation of wetlands and waters is strikingly clear . . . and narrow. In Sackett v. EPA, the U.S. Supreme Court drew the brightest and most narrow regulatory...more

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

Snail Darter/Endangered Species Act Delisting: The Fish that Faced Off Against the Tennessee Valley Authority Is Classified as...

The United States Fish and Wildlife Service (“Service”) issued a pre-Federal Register publication final rule removing the snail darter from the federal Endangered Species Act (“ESA”) List of Endangered and Threatened...more

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

Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Rule to Rescind Definition for the Term "Habitat"

On Friday, June 24, 2022, the U.S. Fish & Wildlife Service (the Service) finalized a rule rescinding the regulatory definition of “habitat,” as the term was used in the Endangered Species Act (the Act) and the various...more

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

Snail Darter/Endangered Species Act DeListing: The Fish that Faced Off Against the Tennessee Valley Authority is Proposed to be...

The United States Fish and Wildlife Service (“Service”) issued a pre Federal Register publication proposing to remove the Snail Darter from the Federal Endangered Species Act (“ESA”) list of endangered and threatened...more

Nossaman LLP

Biden Administration Asks Supreme Court to Reject Challenge to ESA Rule

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On May 14, 2021, the Department of Justice filed a brief with the Supreme Court arguing that the Court should not hear the case of Kansas Natural Resource Coalition v. Department of Interior (“KNRC”). KNRC is a challenge to a...more

Holland & Hart LLP

Wildlife Roundup

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The regulation of protected wildlife is likely to undergo a seismic shift as a result of the change in administrations. Whereas the Trump Administration took several actions to narrow the reach of wildlife protection...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege

The federal courts have issued some significant environmental law rulings in the past few days. THE U.S. SUPREME COURT - U.S. Fish and Wildlife Service v. Sierra Club, Inc. On March 4, 2021, the court held that the...more

Perkins Coie

Supreme Court and Ninth Circuit Limit Reach of Freedom of Information Act

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The Freedom of Information Act requires that federal agencies make records available to the public upon request, unless the records fall within one of nine exemptions. “Exemption 5” covers inter-agency or intra-agency...more

WilmerHale

U.S. Fish Wildlife Service v. Sierra Club: US Supreme Court Boosts Ability of Agencies to Withhold Draft Documents

WilmerHale on

On March 4, 2021, the US Supreme Court held that draft biological opinions prepared by the US Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) were subject to the deliberative process privilege...more

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

Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Regulatory Definition for the Term "Habitat"

On Wednesday, December 16, 2020, the U.S. Fish & Wildlife Service (the Service) finalized for the first time a regulatory definition for the term “habitat,” as the term is used in the Endangered Species Act (ESA) and the...more

Pillsbury Winthrop Shaw Pittman LLP

Proposed Definition of “Habitat” May Endanger the Endangered Species Act

Comment period on FWS/NMFS proposal will close soon. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have proposed that a definition of “habitat” be added to the Endangered Species Act. The...more

Bricker Graydon LLP

U.S. Supreme Court limits Nationwide Permit 12 injunction to Keystone XL pipeline

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On July 6, 2020, the U.S. Supreme Court granted in part and denied in part the U.S. Army Corps of Engineers’ application for stay of the order issued by the U.S. District Court of Montana....more

Bricker Graydon LLP

Army Corps asks U.S. Supreme Court to stay vacatur and injunction of NWP12, pending appeal

Bricker Graydon LLP on

Update June 17, 2020: On June 15, 2020, the U.S. Army Corps of Engineers filed an application to the U.S. Supreme Court for a stay of the April 15, 2020, order (amended May 11, 2020) issued by the U.S. District Court of...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

Schwabe, Williamson & Wyatt PC

Supreme Court Ruling on Critical Habitat in Dusky Gopher Frog Case

The Supreme Court has handed down one of the most anticipated Endangered Species Act (ESA) rulings in recent years. In Weyerhaeuser Co. v. U.S. Fish and Wildlife Serv., the Supreme Court unanimously overruled the Fifth...more

Best Best & Krieger LLP

U.S. Supreme Court Limits Agency Discretion Under ESA - Critical Habitat For Endangered Species Decision

In a victory for landowners and other regulated entities, the U.S. Supreme Court unanimously limited the U.S. Fish and Wildlife Service’s discretion when designating critical habitat under the federal Endangered Species Act....more

Mintz

SCOTUS Says Two Wrongs Don't Make a Right for Dusky Gopher Frog

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You don’t see a unanimous decision of the United States Supreme Court very often, especially in an environmental case, but that’s what happened this week when the Court held that for an area to be “critical habitat” of an...more

Perkins Coie

Supreme Court Limits Authority to Designate Critical Habitat Under Endangered Species Act

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In a unanimous decision with immediate repercussions for the administration of the Endangered Species Act (ESA), the U.S. Supreme Court held that an area is eligible for designation as critical habitat under the ESA only if...more

Sheppard Mullin Richter & Hampton LLP

Critical Habitat Must Be Habitat for Listed Species, Supreme Court Says

An area designated as critical habitat under the Endangered Species Act must first qualify as “habitat” for listed species, the Supreme Court held this week in the closely watched Weyerhaeuser case. The Court’s November 27,...more

Husch Blackwell LLP

Food & Ag Weekly Round-Up: November 2018 #4

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The Business Standard reported on a new method to purify water using sunlight. Reuters reported on a Supreme Court decision on the Endangered Species Act. The Minneapolis Star Tribune discussed soybean storage issues as...more

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