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Conservation Administrative Procedure Act

Holland & Knight LLP

D.C. Court Vacates Florida's Assumption of the Federal Clean Water Act Permit Program

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The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more

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

Waters of the United States/Clean Water Act: Federal District Court Addresses Conservation Groups' Motion for Intervention in U.S....

A United States District Court (E.D. Kentucky) (“Court”) addressed in a February 8th Memorandum Opinion and Order (“Opinion”) various conservation groups’ (“CGs”) Motion to Intervene (“Motion”) in litigation involving a rule...more

Nossaman LLP

Ninth Circuit Holds Agency’s Decision Not to Modify a Recovery Plan is Not a Final Agency Action

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Earlier this month, the U.S. Court of Appeals for the Ninth Circuit issued a ruling holding that the United States Fish and Wildlife Service’s (Service) decision not to modify a recovery plan for the grizzly bear (ursus...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Federal Accrual Rules And An Alaskan Land-Exchange

This week, the Ninth Circuit addresses whether the principles of Heck v. Humphrey, 512 U.S. 477 (1994) apply to the accrual of federal civil rights claims against a university and considers the Department of Interior’s...more

Nossaman LLP

Court rejects challenge to grizzly bear recovery plan

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In December 2020, the United States District Court for the District of Montana issued an order on cross-motions for summary judgment concluding that it lacked jurisdiction—under both the Administrative Procedure Act (APA) and...more

Holland & Hart LLP

Colorado's SB 181: What to Think About as the State Embarks on a Number of Significant New Oil and Gas Rulemakings

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Now that Colorado Gov. Jared Polis has signed the oil and gas bill, Senate Bill 19-181 (SB 181), into law, the focus shifts from the General Assembly to the two state agencies tasked with implementation. Both the Colorado Oil...more

Nossaman LLP

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

Holland & Knight LLP

Projecting the Future: Court Upholds Listing for Bearded Seals - Ninth Circuit Decision Based on Projections of Climate Change...

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In Alaska Oil & Gas Ass'n v. Pritzker, the U.S. Court of Appeals for the Ninth Circuit recently upheld a rule listing two species of seals as "threatened" under the Endangered Species Act (ESA) based on climate change...more

Nossaman LLP

Ninth Circuit Holds Critical Habitat Designations Not Subject to Cost-Benefit Analysis

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In Building Industry Association of the Bay Area v. U.S. Department of Commerce, a decision with significant implications for property owners, the building industry, and the development community at large, the U.S. Court of...more

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