Energy & Environmental Law Blog

Energy & Environmental Law Blog

Analyzing the critical energy and environmental issues of the day

Tag Archives: ESA

Court Rules DOJ Enforcement Directive Arbitrary and Capricious

Posted in ESA
A U.S. District Court in Arizona has ruled that DOJ’s narrow interpretation of the requirements for a criminal misdemeanor under the Endangered Species Act went beyond unreviewable prosecutorial discretion, and its policy was arbitrary and capricious and in violation of the Administrative Procedure Act. WildEarth Guardians v. U.S. Department of Justice The Endangered Species Act… Continue Reading

Tenth Circuit Reverses Ruling Limiting Endangered Species Act Jurisdiction Over Intra-State Species

Posted in ESA
The Tenth Circuit U. S. Court of Appeals dashed the hopes of property rights activists by overturning a district court decision that the Fish and Wildlife Service (FWS) had no jurisdiction under the Endangered Species Act (ESA) over intra-state species located on non-federal lands. In People for the Ethical Treatment of Property Owners v. USFWS, plaintiffs… Continue Reading

Take Two! Frogs, Water, and the Endangered Species Act in Oregon

Posted in Land Use, Litigation, Northwest
In late December we reported on a lawsuit filed by the Center for Biological Diversity (“Center”) that alleges the U.S. Bureau of Reclamation (“BOR”) is violating the Endangered Species Act (“ESA”) through its operation and maintenance of the Crane Prairie and Wickiup dams and reservoirs in the Upper Deschutes River Basin. On January 11, 2016,… Continue Reading

Frogs, Water, and the Endangered Species Act in Oregon

Posted in Land Use, Litigation, Northwest
Oregon spotted frogs and their habitats are being harmed because of the way the U.S. Bureau of Reclamation (“BOR”) operates and maintains some reservoirs in the Upper Deschutes River Basin, so asserts the Center for Biological Diversity (“the Center”) in a lawsuit filed against the BOR on December 18, 2015 in federal district court in… Continue Reading

Recent Energy and Environmental Developments in Alaska

Posted in ESA, Oil & Gas, Water Law
From our Anchorage office, some recent developments in Alaska of note: Polar bears.  Comments are being taken on a proposed special rule and draft environmental assessment by the U.S. Fish and Wildlife Service.  When the polar bear was listed as a threatened species pursuant to the Endangered Species Act, the Fish and Wildlife Service proposed… Continue Reading