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The court agreed with the magistrate’s conclusion that the plaintiffs failed to state a claim for violation of a nondiscretionary duty under the EndangeredSpeciesAct and that the court therefore lacked jurisdiction. The government also asserted that the MBTA and Eagle Act claims were barred by controlling precedent.
Any upset to this balance such as a resource depletion or removal, the introduction of an invasive species , damaging tree cover and uncontrolled emissions can cause long-term and wide-scale problems for an environment. We are already seeing the depletion of the ice caps and rising sealevels.
Circuit Ruled that EPA Must Consider EndangeredSpecies in Setting Renewable Fuel Standards. Circuit Court of Appeals sent the 2018 Renewable Fuel Standards rule back to EPA after finding that EPA failed to comply with requirements of the EndangeredSpeciesAct. California v. Bernhardt , No. 3:19-cv-06013 (N.D.
The court stated that the issue arose “because a necessary and critical element of the hydrological damage caused by defendants’ alleged conduct is the rising sealevel along the Pacific coast and in the San Francisco Bay, both of which are navigable waters of the United States.” AquAlliance v. Bureau of Reclamation , No. BP p.l.c. ,
Montana Federal Court Vacated Nationwide Permit Due to Corps of Engineers Failure to Initiate Consultation Under EndangeredSpeciesAct. The court found that there was “resounding evidence” in the record that authorized discharges may affect endangered and threatened species and critical habitat and that the U.S.
Fish and Wildlife Service (FWS) acted arbitrarily and capriciously when it designated the northern long-eared bat as “threatened” rather than “endangered” under the EndangeredSpeciesAct. Northern Plains Resource Council v. WildEarth Guardians v. Bernhardt , No. 1:16-cv-01724 (D.D.C.
The federal district court for the District of Montana largely rejected challenges to federal approvals of revisions to the Flathead National Forest Land Management Plan in northwestern Montana but remanded without vacatur for additional analysis of certain issues under the EndangeredSpeciesAct.
The plaintiffs asserted EndangeredSpeciesAct claims, focusing on the federal agencies’ consideration of impacts on grizzly bears and bull trout; the plaintiffs alleged that bull trout are “particularly vulnerable” to climate change because they require cold water to spawn and rear. The groups alleged that the U.S.
National Audubon Society alleged that the rule “vastly expands potential sand mining projects in delicate coastal barriers” and further alleged that coastal barriers would become even more important due to climate change and were expected to mitigate $108 billion of sealevel rise and flooding damages over the next 50 years.
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