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SCOTUS Endangered Species Act Decision Suggests More Probing Judicial Review of Agency Critical Habitat Designations
  • Manko Gold Katcher & Fox
  • USA
  • December 10 2018

Late last month the Supreme Court of the United States kept alive private landowners’ challenge to a final rule that designated their land as


Fish and Wildlife Service Proposes Critical Habitat for Sonoyta Mud Turtle
  • Nossaman LLP
  • USA
  • December 6 2018

The U.S. Fish and Wildlife Service (Service) has proposed (pdf) to designate approximately 12.28 acres of critical habitat for the Sonoyta mud turtle


Critical Habitat Must Be Habitat for Listed Species, Supreme Court Says
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • November 29 2018

An area designated as critical habitat under the Endangered Species Act must first qualify as “habitat” for listed species, the Supreme Court held


U.S. Supreme Court Decides Dusky Gopher Frog Case
  • Duane Morris LLP
  • USA
  • November 29 2018

On November 27, 2018, the U.S. Supreme Court issued its decision in a closely watched Endangered Species Act (ESA) case involving the U.S. Fish &


SCOTUS Says Two Wrongs Don't Make a Right for Dusky Gopher Frog
  • Mintz
  • USA
  • November 29 2018

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


Supreme Court Rules ESA Critical Habitat Must Be Habitat For Listed Species
  • Nossaman LLP
  • USA
  • November 28 2018

On November 27, 2018, the U.S. Supreme Court ruled that an area is eligible to be designated as “critical habitat” under the Endangered Species Act


Supreme Court Decides Critical Habitat Must Be Habitat
  • Davis Wright Tremaine LLP
  • USA
  • November 28 2018

In a unanimous decision (with Justice Kavanaugh not participating), the Supreme Court on November 27, 2018, remanded a controversial Endangered


Unanimous Supreme Court Vacates Fifth Circuit Affirmance of ESA Critical Habitat Listing
  • Beveridge & Diamond PC
  • USA
  • November 27 2018

In a rare unanimous decision dated November 27, 2018, the U.S. Supreme Court increased scrutiny for critical habitat designations by the U.S. Fish and


U.S. Supreme Court Passes on Otter Case with Chevron Implications
  • Nossaman LLP
  • USA
  • October 30 2018

Yesterday, the U.S. Supreme Court denied certiorari in California Sea Urchin Commission v. Combs (“Combs”), Docket No. 17-1636, an appeal from a


Litigation Turns Up the Heat on Agencies to Protect Salmon in the Pacific Northwest
  • Beveridge & Diamond PC
  • USA
  • October 23 2018

A pair of court developments in the Western District of Washington places pressure on EPA and the Washington Department of Ecology to issue new water