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Summary Judgment Endangered Species Act (ESA)

Bracewell LLP

Offshore Wind Litigation: First Circuit Affirms Dismissal of Challenges Against Vineyard Wind

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The US Court of Appeals for the First Circuit has affirmed the dismissal of two legal challenges to the Vineyard Wind 1 project (the Project). On April 24 and April 25, 2024, the same panel of First Circuit judges issued...more

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

Conservation Easement/Endangered Species Act: Citizen Suit Action Challenges U.S. Fish and Wildlife Service Biological Opinion...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a December 4th Opinion an issue arising out of the federal Endangered Species Act (“ESA”). See Center for Biological Diversity, et al. v....more

Bracewell LLP

Offshore Wind Litigation: Court Denies Fishing Groups’ Challenge to Major Offshore Wind Project

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Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is...more

Miles & Stockbridge P.C.

Decision from a Montana Federal Court Halts Keystone XL Pipeline with Nationwide Injunction

Last month, the U.S. District Court for the District of Montana granted summary judgment to an environmental group, ruling that the U.S. Army Corps of Engineers violated Section 7(a)(2) of the Endangered Species Act (“ESA”)...more

Nossaman LLP

Court Rejects Challenge to New Mexico Cougar Trapping Regulations

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The U.S. District Court for the District of New Mexico granted New Mexico’s motion for summary judgment in a case brought by the Humane Society seeking to invalidate State trapping regulations related to cougars (Puma...more

Nossaman LLP

Ninth Circuit Court of Appeals Affirms Incidental Take Statements Not Required for Plant Species

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On August 15, 2016, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court decision granting summary judgment to the Bureau of Land Management (“BLM”) and U.S. Fish and Wildlife Service (“USFWS”) on the issue...more

Nossaman LLP

U.S. Fish and Wildlife Service Issues Proposed Rule Regarding Critical Habitat Determination for the Marbled Murrelet

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On August 25, 2015, the U.S. Fish and Wildlife Service (Service) published a proposed rule relating to the existing critical habitat for the marbled murrelet (Brachyramphus marmoratus). The murrelet is listed as a threatened...more

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