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Critical Habitat for Endangered Species: Does It Have To Be Habitat?
  • Holland & Hart LLP
  • USA
  • March 21 2017

On February 13, 2017, a sharply divided Fifth Circuit Court of Appeals declined en banc review of the decision in Markle Interests, L.L.C. v. United


Texas Federal Court Grants Preliminary Injunction Based On Sea Turtle Concerns
  • Nossaman LLP
  • USA
  • March 17 2017

On March 13, 2017, the U.S. District Court for the Southern District of Texas granted a preliminary injunction relying primarily on Endangered


Corps of Engineers Nationwide Permits - Some New, Some Modified - Take Effect
  • Beveridge & Diamond PC
  • USA
  • March 17 2017

On March 19, 2017, the latest iterations of the U.S. Army Corps of Engineers' nationwide permits (NWPs) will take effect. As set forth in the Corps'


Clean Water Act Suit in Washington Federal District Court Implicates Pesticide Active Ingredients
  • Bergeson & Campbell PC
  • USA
  • March 14 2017

On February 21, 2017, the Northwest Environmental Advocates (NWEA) filed a Clean Water Act (CWA) lawsuit in the U.S. District Court for the Western


Endangered Species Act: Environmental Groups Motion to Intervene in Litigation Challenging Critical Habitat Rules
  • Mitchell Williams Selig Gates & Woodyard PLLC
  • USA
  • March 14 2017

The Southern Environmental Law Center, Black Warrier Riverkeeper, Defenders of Wildlife and the South Carolina Coastal Conservation League


D.C. Circuit Reinstates Gray Wolf Delisting in Wyoming
  • Nossaman LLP
  • USA
  • March 9 2017

On March 3, 2017, the U.S. Court of Appeals for the District of Columbia Circuit upheld a final rule delisting the gray wolf in Wyoming under the


FERC Updates Environmental Report Preparation Guidance for Natural Gas Projects
  • Holland & Knight LLP
  • USA
  • March 8 2017

Late last month, the Federal Energy Regulatory Commission (FERC) updated its 2002 guidance documents on how to prepare resource reports and


Federal and State Cooperative Efforts Provide Basis For DC Circuit Upholding Delisting of Gray Wolf
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • March 6 2017

In the case of Defenders of Wildlife. et al., v. Zinke., et al., the U.S. Court of Appeals for the DC Circuit reversed the U.S. District Court for the


Ninth Circuit Rules Injury from Future Water Rights Restrictions Too Speculative for Article III Standing
  • Nossaman LLP
  • USA
  • February 23 2017

On February 21, 2017, the U.S. Court of Appeals for the Ninth Circuit held that the San Luis & Delta-Mendota Water Authority and Westlands Water


Ninth Circuit Affirms Endangered Species Act Listing Decisions Based on the Effects of Climate Change
  • Jones Day
  • USA
  • February 16 2017

As first covered in the Spring 2013 issue of The Climate Report, on March 1, 2013, the United States Court of Appeals for the District of Columbia