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Troutman Pepper | USA | 17 Dec 2020
Fish and Wildlife Service Issues “Warranted but Precluded” Finding for Monarch Butterfly
In accordance with a settlement between the U.S. Fish and Wildlife Service (FWS) and the Center for Biological Diversity (CBD), the FWS was required…
K&L Gates LLP | USA | 13 Feb 2020
DC District Court Bats Down Northern Long-Eared Bat Listing
On January 28, 2020, the U.S. District Court for the District of Columbia released an opinion rejecting the U.S. Fish and Wildlife Service’s (the…
Jenner & Block LLP | USA | 12 Feb 2019
BACT to the Future: Enviros Petition for Review on Natural Gas Power Plant Air Permit, Saying Batteries Are “BACT” Under the Clean Air Act
Last week, the Center for Biological Diversity and other environmental groups petitioned the Ninth Circuit for review of EPA Region 9’s decision in…
Latham & Watkins LLP | USA | 19 Dec 2018
California Court of Appeal Upholds Ruling on Area Plan Modifications
In an unpublished opinion issued June 19, 2018, Center for Biological Diversity v. County of Los Angeles, Case No. B284427,…
Mintz | USA | 29 Nov 2018
SCOTUS Says Two Wrongs Don't Make a Right for Dusky Gopher Frog
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…
Miller Starr Regalia | USA | 8 Oct 2018
Fourth District Holds San Diego County’s Threshold of Significance for Evaluating GHG Impacts Violates CEQA And Prior Writ
In a published opinion filed in consolidated appeals on September 28, 2018, the Fourth District Court of Appeal (Div. 1) affirmed the trial court’s…
Nossaman LLP | USA | 12 Sep 2018
Beetle Science Front and Center in new lawsuit
On September 4, 2018, the Center for Biological Diversity filed a lawsuit under the federal Freedom of Information Act against the U.S. Fish and…
Pillsbury | USA | 29 Jun 2018
Ninth Circuit Affirms District Court’s Ruling Finding Lack of Redressability for Alleged ESA and NHPA Violations
On June 28, the U.S. Court of Appeals for the Ninth Circuit decided the case of Center for Biological Diversity, et al., v. Export-Import Bank of the…
Jenner & Block LLP | USA | 18 May 2018
CRA Survives Constitutional Challenge—Are More Rules and Guidance at Risk of Disapproval?
A recent decision by the U.S. District Court for the District of Alaska rejected efforts by the Center for Biological Diversity (the “Center”) to…
Pillsbury | USA | 16 May 2018
Alaska District Court Rejects Constitutional Challenge to the Use of the Congressional Review Act to Overturn a 2016 Department of the Interior Rule
On May 9, the U.S. District Court for the District of Alaska dismissed a challenge the constitutionality of the Congressional Review Act (CRA); the…
