Articles

New lawsuit challenging Endangered Species Act overreach

October 05, 2017 | By DAMIEN SCHIFF

This morning, we filed a complaint in federal district court in D.C. challenging the National Marine Fisheries Service’s 2016 “biological opinion” governing FEMA’s implementation of the national flood insurance program in Oregon. Representing the City of Coos Bay, Oregon, we argue in the lawsuit that the biological opinion&# ...

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Another win for the Delta smelt

April 16, 2014 | By DAMIEN SCHIFF

Just minutes ago, the Ninth Circuit Court of Appeals issued its en banc unanimous decision in NRDC v. Jewell holding that the Bureau of Reclamation violated the Endangered Species Act in renewing several dozen water contracts in connection with the Central Valley Project.  The Court, in an opinion authored by conservative GOP-appointed Judge Milan ...

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Army Corps issues new ESA guidance

July 08, 2013 | By DAMIEN SCHIFF

One of the most important provisions of the Endangered Species Act is Section 7, which requires, inter alia, that federal agencies ensure that their discretionary actions do not jeopardize the continued existence of any listed species, or adversely modify its critical habitat.  The provision also requires federal agencies to consult with the Natio ...

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Supreme Court denies cert in The New 49'ers

March 18, 2013 | By JONATHAN WOOD

In Karuk Tribe of California v. United States Forest Service, the Ninth Circuit Court of Appeals held that the receipt of a notice of intent from a private party is an “agency action,” triggering the consultation requirement of the Endangered Species Act. The miners sought review in the Supreme Court, and Pacific Legal Foundation, re ...

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Supremes to consider The New 49'ers tomorrow

March 14, 2013 | By DAMIEN SCHIFF

In Karuk Tribe of California v. United States Forest Service, the Ninth Circuit Court of Appeals held that notices of intent to mine on national forest lands trigger the obligation for the Forest Service to consult with the United States Fish and Wildlife Service and National Marine Fisheries Service over the impacts of the proposed mining ...

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Ominous development for San Joaquin Valley water users

March 05, 2013 | By DAMIEN SCHIFF

This morning, the Ninth Circuit Court of Appeals agreed to rehear en banc the appeal in Natural Resources Defense Council v. Salazar.  In this case, the environmentalists challenge the failure of the Bureau of Reclamation to consult with the United States Fish and Wildlife Service and National Marine Fisheries Service when the Bureau renewed a &# ...

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Polar bear rule issued

February 21, 2013 | By DAMIEN SCHIFF

Earlier this week, the United States Fish and Wildlife Service reissued a rule under Section 4(d) of the Endangered Species Act, allowing the “take” of polar bear.  The District of Columbia federal district court had overturned a prior version on the ground that the Service had failed to comply with the National Environmental Policy Ac ...