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Western Watersheds Project v. Kraayenbrink |
Plaintiff environmental advocacy organization sued the Bureau of Land Management (BLM) for revisions to nationwide grazing regulations for federal lands, arguing that the revisions violated the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), and the Federal Land Policy and Management Act (FLPMA). The Court of Appeals held that BLM violated NEPA by failing to take a “hard look” at the environmental consequences of the proposed changes, and violated the ESA by failing to consult with Fish and Wildlife Service (FWS) before approving the revisions.
Opinion Amended and Superseded on Denial of Rehearing en banc by:
Western Watersheds Project v. Kraayenbrink,
632 F.3d 472 (9th Cir., 2010).
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Western Watersheds Project v. Hall |
Plaintiff Western Watersheds Project filed the instant action challenging the “90-Day Finding” issued by the Defendants United States Fish and Wildlife Service that denied protection of the Interior Mountain Quail as endangered or threatened under the Endangered Species Act. The Service determined that the Petition had failed to provide information demonstrating that the Interior Mountain Quail population is discrete under the ESA. The District Court stated that, in order to qualify as a DPS, a population must “be both discrete and significant.” The court found that the Service's conclusion appropriately determined that this discreteness standard was not met and it provided a rational basis for concluding the Petition had failed to provide evidence of a marked separation between the populations of the same taxon.
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Western Watersheds Project v. Dyer |
The plaintiff, Western Watersheds Project (WWP), is an environmental group that brought this lawsuit to ban livestock grazing in certain areas of the Jarbidge Field Office (1.4 million acres of public land managed by the Bureau of Land Management in Idaho and northern Nevada). WWP alleges that continued grazing destroys what little habitat remains for imperiled species like the sage grouse, pygmy rabbit, and slickspot peppergrass (deemed “sensitive species” by the BLM). After ten days of evidentiary hearings, the court found that three sensitive species in the JFO are in serious decline and that livestock grazing is an important factor in that decline. However, the court found that a ban on grazing was not required by law at this point since the Court was "confident" in the BLM's ability to modify the 2009 season in accordance with the Court's interpretation of the existing RMP.
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Weigel v. Maryland |
Following the Tracey v. Solesky opinion, a nonprofit, nonstock cooperative housing corporation issued a rule that banned pit bulls on its premises. Members and leaseholders who owned dogs believed to be pit bulls sought a temporary restraining order and preliminary injunction against the corporation and the state of Maryland in an amended complaint. Although the district court found the plaintiffs had adequately demonstrated standing and ripeness in their claims, the court also found that some of the leaseholders and members' charges were barred by 11th Amendment immunity and by absolute judicial immunity. Additionally, the district court found that the leaseholders and members' amended complaint failed to plead plausible void-for-vagueness, substantive due process and takings claims. The district court, therefore, granted the state's motion to dismiss and held all other motions pending before the court to be denied as moot.
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Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n |
The United States initiated an action seeking an interpretation of Indian fishing rights under treaties with Indian tribes of the Pacific Northwest. The Court held that the language of the treaties securing a "right of taking fish . . . in common with all citizens of the Territory" was not intended merely to guarantee the Indians access to usual and accustomed fishing sites and an "equal opportunity" for individual Indians, along with non-Indians, to try to catch fish, but instead secures to the Indian tribes a right to harvest a share of each run of anadromous fish that passes through tribal fishing areas. Thus, an equitable measure of the common right to take fish should initially divide the harvestable portion of each run that passes through a "usual and accustomed" place into approximately equal treaty and nontreaty shares, and should then reduce the treaty share if tribal needs may be satisfied by a lesser amount. The Court also held that any state-law prohibition against compliance with the District Court's decree cannot survive the command of the Supremacy Clause, and the State Game and Fisheries Departments, as parties to this litigation, may be ordered to prepare a set of rules that will implement the court's interpretation of the parties' rights even if state law withholds from them the power to do so.
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Warren v. Delvista Towers Condominium Ass'n, Inc. |
In its motion for summary judgment, Defendant argues Plaintiff’s accommodation request under the Federal Fair Housing Act (the “FHA”) to modify Defendant's “no pet” policy was unreasonable because Plaintiff's emotional support animal was a pit bull and pit bulls were banned by county ordinance. In denying the Defendant’s motion, the District Court found that changing a no pets policy for an emotional support animal was a reasonable accommodation under the FHA. The court also found that enforcing the county ordinance would violate the FHA by permitting a discriminatory housing practice. However, in line with US Department of Housing and Urban Development notices, the court found genuine issues of material fact remained as to whether the dog posed a direct threat to members of the condominium association, and whether that threat could be reduced by other reasonable accommodations. |
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Warboys v. Proulx |
Pitbull owner filed suit seeking compensatory damages arising from the shotting and killing of his dog by police. Defendants removed the action based on federal question jurisdiction and moved for summary judgment, and the dog owner moved to amend the complaint. Motions granted.
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Wall v. City of Brookfield |
A dog that was constantly in violation of local leash ordinances was held as a stray by the town. The owner of the dog brought a section 1983 action claiming deprivation of the dog's companionship without due process and the trial court held in favor of the town. The Court of Appeals affirmed reasoning that only a post-deprivation hearing was necessary under the statute (which defendant could have received had she filed a petition with the court).
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Walker-Serrano ex rel. Walker v. Leonard |
Public school student circulated a petition during class and recess that opposed a school field trip to the circus. School officials prevented her from circulating the petition, and she complained of a violation of her First Amendment right to free speech. The Court of Appeals affirmed summary judgment for the school, holding that the student's rights had not been violated because a school may regulate the times and circumstances a petition may be circulated when it interferes with educational goals or the rights of other students.
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VOLPE VITO, INC. v. UNITED STATES DEPARTMENT OF AGRICULTURE |
Judicial officer is not required to accept ALJ's findings of fact, even when those findings are based on credibility determinations, and judicial officer is authorized to substitute his or her judgment for that of ALJ.
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