Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Cascadia Wildlands v. Dep't of Fish and Wildlife | 455 P.3d 950 (Or.App., 2019) | 300 Or.App. 648 (Or.App., 2019) | Oregon Fish and Wildlife Commission ("Respondent") removed the species Canis lupus (gray wolf) from the list of species protected under the Oregon Endangered Species Act (OESA). Cascadia Wildlands, Center for Biological Diversity, and Oregon Wild ("Petitioners") sought judicial review of the amendment to Oregon law. The Petitioners contended that the decision to delist exceeded the commission’s statutory authority and did not comply with applicable rulemaking procedures. After the Petitioners filed their petition, the Oregon legislature passed House Bill 4040 which ratified the administrative rule that the Respondent promulgated delisting the gray wolf. The Respondents argued that the passage of the bill made the Petitioners' petition for judicial review moot. The Petitioners argued that the Oregon law ratifying the administrative rule had no legal effect and was merely an expression of legislative agreement. The Court held that the legislature using the word “ratify” in the statute indicated that they intended to confirm that the Commission’s rule delisting the gray wolf was legally satisfied, therefore, rendering judicial review moot. The Petitioners also contended that the statute violated the separation of powers because the statute performed an entirely judicial function by neither appealing nor amending the statute. Petitioners asserted that evaluating whether a particular agency satisfied requirements of law is a fact-specific inquiry which is reserved for the court. The Court held that the statute did not violate the separation of powers. The Court ultimately held that the Petitioners' rule challenge was moot. The petition for judicial review was ultimately dismissed. | Case |
| Carpenters Indus. Council v. Salazar | 734 F.Supp.2d 126 (D.D.C., 2010) | 2010 WL 3447243 (D.D.C.) |
Plaintiffs, Carpenters Industrial Council, among several, averred that the FWS, in designating the owl as a "threatened species," violated the National Environmental Policy Act, the ESA, and the Administrative Procedure Act. Defendant, the FWS, confess legal error as to the northern spotted owl’s 2008 Critical Habitat Designation and 2008 Recovery Plan and ask that the court: (1) remand and vacate the 2008 Designation; (2) remand the 2008 Plan; and (3) order the FWS to revise its recovery plan and, if necessary, thereafter complete a new critical habitat designation. First, as to Defendant’s request to remand the designation, the court held that it, in fact, has such authority to do so, and such action is moreover appropriate, since the Washington Oversight Committee erred in proffering "jeopardizing" advice to the FWS. However, as to the whether the 2008 Designation may be vacated, the court concluded that it lacked the authority to do so "at this stage of the litigation." As to whether the 2008 Recovery Plan may be vacated, the court held that, given the interconnectedness of the 2008 Designation and the 2008 Plan, remand is appropriate. |
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| Caribbean Conservation Corp., Inc. v. Florida Fish and Wildlife Conservation Com'n | 838 So.2d 492(Fla. 2003) | 28 Fla. L. Weekly S46, 28 Fla. L. Weekly S134 |
The petitioners' challenge is whether the Legislature can require the newly created Florida Fish and Wildlife Conservation Commission (FWCC) to comply with the requirements of the Administrative Procedure Act (APA), when adopting rules or regulations in respect to those species of marine life that are defined as endangered, threatened, or species of special concern. The petitioners are not-for-profit groups and individuals who allege several statutory sections unconstitutionally usurp the constitutional authority of the FWCC to regulate marine life. The FWCC and the Attorney General (respondents) disagree and argue that the Legislature can require the application of the APA and that the statutes that delineate power to the Department of Environmental Protection (DEP) are constitutional. The issue was whether the creation of the FWCC also gave it power to regulate endangered, threatened, and species of special concern or whether that power remained with the DEP. The court found that such power remained with the DEP regarding endangered and threatened species of marine life. However, it could discern no statutory basis in effect on March 1, 1998, for the DEP having regulatory or executive power in respect to a category of marine species designated "of special concern" so that portion of the challenged statutes was held unconstitutional. |
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| Cabinet Resource Group v. U.S. Fish and Wildlife Service | 465 F.Supp.2d 1067 (D. Mont. 2006) | 2006 WL 3615512 (D. Mont.) |
The Forest Service builds roads in National Forests, and has to determine what density of road coverage is safe for grizzly bear survival in making its Land Use Plan. Here, the Land Use Plan did not violate the Endangered Species Act, because an agency action is not required to help the survival of an endangered species, it simply may not reduce the likelihood of survival and recovery of the endangered species, grizzly bears. However, because the Forest Service relied upon a scientific study with acknowledged weaknesses to make its road standards, but failed to adequately address those weaknesses in its Final Environmental Impact Statement, the Forest Service violated NEPA (National Environmental Policy Act). |
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| Bundorf v. Jewell | 142 F.Supp.3d 1133 (D.Nevada,2015) | 2015 WL 6636806 (D.Nevada,2015) | Plaintiffs, individuals and environmental organizations, challenged a decision by the Bureau of Land Management's (BLM) to authorize two rights-of-way for the Searchlight Wind Energy Project (“Project”) in southern Nevada (on BLM land) under the Administrative Procedure Act (APA). After the District Court remanded to the BLM for further explanation, the plaintiffs moved for a permanent injunction. Plaintiffs raised claims that the activity violated the National Environmental Policy Act (“NEPA”), and the Endangered Species Act (“ESA”), among other federal statutes. In effect, the plaintiffs argue that when the Court remanded for further explanation, it essentially reached the merits of their NEPA and ESA claims "by identifying explanatory gaps in the Remand Order." This then necessitated vacatur of the Record of Decision (“ROD”), Final Environmental Impact Statement (“FEIS”), and the Biological Opinion (“BiOp”). On appeal, the Court agreed with plaintiffs that clarification of the Remand Order is appropriate to include the ROD, the FEIS, and the BiOp with vacatur. Otherwise, the court notes, the Federal Defendants would get "two bites at the same apple . . . to fill the analytical gaps the Court identified in the Remand Order." The Federal Defendants must address the gaps related to: "(1) the density of desert tortoises, the adverse effects on desert tortoise habitat due to noise, and the remuneration fees and blasting mitigation measures for desert tortoises; (2) the status of FWS's recommendations regarding eagle take permitting and an Eagle Conservation Plan; and (3) BLM's conclusions about risks to bald eagles, protocols for golden eagle surveys, and risks to and mitigation measures for bat species." | Case |
| Buffalo Field Campaign v. Zinke | 289 F.Supp.3d 103 (D.D.C. Jan. 31, 2018) | 2018 WL 646887 (D.D.C. Jan. 31, 2018) | Plaintiffs Buffalo Field Campaign and other environmental groups petitioned the Fish and Wildlife Service ("Service") to add the Yellowstone bison population to the federal endangered species list. After the Service made a threshold “90–day” determination that Buffalo Field's petition failed to present sufficient scientific evidence that listing the bison may be warranted, Buffalo Field brought suit under the Administrative Procedure Act, alleging that the Service's determination was arbitrary and capricious. The United States District Court for the District of Columbia ruled that the Service applied an improper standard when evaluating Buffalo Field's petition, granted Buffalo Field's motion for summary judgment, denied the Service's cross-motion, and remanded the case for the agency to conduct a new 90–day finding using the proper standard. In particular, the court observed that the Service "simply picked a side in an ongoing debate in the scientific community," thereby in inappropriately heightening the standard of evaluation for a 90-day petition. Because of that, the court agreed with the Service that remand is the appropriate remedy as opposed to to directing the Service to begin a 12-month review. | Case |
| Babbitt v. Sweet Home Chapter of Communities for a Great Oregon | 515 U.S. 687 (1995) | 115 S.Ct. 2407, 40 ERC 1897, 132 L.Ed.2d 597, 63 USLW 4665, 25 Envtl. L. Rep. 21,194, 95 Daily Journal D.A.R. 8573, 95 Daily Journal D.A.R. 8575, 95 Daily Journal D.A.R. 8566 (1995) | (edited from Syllabus of the Court) As relevant here, the Endangered Species Act of 1973 (ESA or Act) makes it unlawful for any person to “take” endangered or threatened species, § 9(a)(1)(B), and defines “take” to mean to “harass, harm, pursue,” “ wound,” or “kill,” § 3(19). In 50 CFR § 17.3, petitioner Secretary of the Interior further defines “harm” to include “significant habitat modification or degradation where it actually kills or injures wildlife.” Respondents, persons and entities dependent on the forest products industries and others, challenged this regulation on its face, claiming that Congress did not intend the word “take” to include habitat modification. Held: The Secretary reasonably construed Congress' intent when he defined “harm” to include habitat modification. | Case |
| Art and Antique Dealers of Am., Inc. v. Seggos | --- F.Supp.3d ----, 2019 WL 3817305 (S.D.N.Y. Aug. 14, 2019) | The plaintiffs are trade organizations representing arts and antique dealers. Plaintiff’s members have an “economic and professional interest in. . .the purchase, sale, distribution or trading of antique elephant ivory.” The Defendant is the Commissioner of DEC which is a state agency tasked with protecting New York’s natural resources and environment. The Endangered Species Act (ESA) prohibits the import and export of endangered species and the sale, offering for sale, or movement of endangered species in interstate or foreign commerce. The prohibitions, however, had exceptions for “antique articles” that are 100 years of age or older. Those wishing to import such antique articles needed to first obtain a federal permit. Under the regulations promulgated by the Secretary of the Interior, trade of African elephant ivory is generally prohibited. Only certain items containing a de minimus quantity of ivory are exempt. The state of New York imposed a ban on elephant ivory with even narrower exceptions than the ESA. The DEC only issued licenses authorizing trade in ivory pursuant to the State Ivory Law’s exceptions. The licenses actually issued by the DEC restricted the advertisement and display of ivory products. Plaintiff’s filed this action challenging the constitutionality of the State Ivory Law on preemption and First Amendment grounds. The Plaintiffs filed a motion for summary judgment and the Defendants and Intervenors crossed-moved to dismiss. The Court examined the ESA and determined that section 1535(f) did not preempt the State Ivory Law because the ESA prohibitions only applied to interstate or foreign commerce while the State Ivory Law applied to intrastate commerce. As result, the exceptions contained in the State Ivory Law did not prohibit what was authorized by the ESA. The Court granted the Defendant’s motion to dismiss on Count I because it was not “the clear and manifest purpose of Congress to preempt state laws restricting purely intrastate commerce in ivory.” The Plaintiff’s second count alleged that the State Ivory Law’s permit requirement violated the First Amendment of the United States Constitution. The display restriction in the license prohibited the physical display for sale of any item not authorized for intrastate sale under the State Ivory Law even if the merchant was authorized under the ESA to sell the item in interstate commerce. The Court determined that the in-store display of ivory products constituted commercial speech because the display constituted lawful activity, New York had a substantial interest in regulating the sale of ivory within its borders and the display restriction directly advanced that interest. The Court was unable to determine whether the display restriction burdened substantially more speech than was necessary to further the government’s legitimate interests. Ultimately the Court granted the Defendant’s and Intervenor’s cross-motions to dismiss with respect to preemption and denied both the Defendant’s and Plaintiff’s motions for summary judgment with respect to the First Amendment Claim. | Case | |
| Art & Antique Dealers League of Am., Inc. v. Seggos | 121 F.4th 423 (2d Cir. 2024) | This case involves a challenge by The Art and Antique Dealers League of America, Inc. and The National Antique and Art Dealers Association of America, Inc. (collectively, "Plaintiffs") against New York State's Environmental Conservation Law § 11-0535-a (the "State Ivory Law"), which restricts the sale and display of ivory articles. Plaintiffs argued that the State Ivory Law is preempted by the federal Endangered Species Act (ESA) and violates their First Amendment rights. The district court dismissed the preemption claim and granted summary judgment to the State on the First Amendment claim. On appeal, the Second Circuit affirmed the dismissal of the preemption claim but reversed the grant of summary judgment on the First Amendment claim, holding that the State's "Display Restriction" on ivory items was more extensive than necessary to serve the State's interest in preventing illegal ivory sales. The court directed the entry of judgment in favor of Plaintiffs, barring enforcement of the Display Restriction against Plaintiffs' members. Judge Sullivan dissented, arguing that the ESA preempts the State Ivory Law, rendering the First Amendment issue moot. The court relied on the State's concession that the Display Restriction implicates commercial speech but declined to establish a precedent on whether such displays constitute protected speech under the First Amendment. | Case | |
| Arizona Cattle Growers' Association v. Salazar | 606 F.3d 1160, (C.A.9 (Ariz.),2010) | 2010 WL 2220036; 10 Cal. Daily Op. Serv. 7030; 2010 Daily Journal D.A.R. 8233 |
Arizona Cattle Growers’ Association (Plaintiff) challenged Fish and Wildlife Service's (Defendant) designation of critical habitat for Mexican spotted owls under the Endangered Species Act. The issues were whether Defendant impermissibly included unoccupied areas as critical habitat, and whether Defendant impermissibly employed the baseline approach in its economic analysis. The Court held that 1) Defendant did not designate unoccupied areas as critical habitat because “occupied” areas included areas where the species was likely to be present, and 2) that Defendant properly applied the baseline approach because the economic impact of listing a species as endangered was not intended to be included in the economic analysis of the critical habitat designation. |
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