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Tag: fish and wildlife

Ninth Circuit Favors Salmon in California Water Battle

Mon Apr 17th, On Environmental Law, by

A unanimous three-judge Ninth Circuit panel ruled that the Department of Interior (“DOI”) and the Bureau of Reclamation (“Bureau”) had both the right and the obligation to release water to preserve a Native American fishing ground and prevent salmon die-off downstream.  Central to this case is the balancing act between Congressional goals to maintain and protect fisheries (environmental objectives) and the state-wide need for water (commercial objectives).  Two congressional acts, […]

Environmental Battle Continues after Decision on Controversial DAPL

Fri Dec 9th, On Environmental Law, by

The Department of the Army will not issue an easement that would allow the proposed Dakota Access Pipeline to cross under Lake Oahe in North Dakota.  This is the latest ruling in a controversial legal battle that has been ongoing since July of this year that implicates provisions in the Clean Water Act (“CWA”), the Rivers and Harbors Act (“RHA”), the National Historic Preservation Act (“NHPA”), and the National Environmental […]

Ninth Circuit Rules No Incidental Take For Endangered Plants Under ESA

Tue Aug 30th, On Environmental Law, by

On August 15, 2016, the Ninth Circuit ruled that ESA does not require an Incidental Take Statement for endangered plants. In Center for Biological Diversity, et al., v. Bureau of Land Management, the Bureau of Land Management was challenged for failing to include a Biological Opinion with an “Incidental Take Statement” for a “threatened species” under the Endangered Species Act, a plant known as the Peirson’s milkvetc, in BLM’s analysis […]

The Last Generation of Orcas – SeaWorld to End Breeding of Killer Whales and Phase Out Killer Whale Shows

Wed Mar 23rd, On Environmental Law, by

On March 17, 2016, SeaWorld Entertainment announced that its current population of killer whales will be the last generation of orcas at SeaWorld, and that it will begin phasing out theatrical orca shows in favor of “new, inspiring, natural orca encounters.” The orca shows will end in San Diego in 2016, and will end by 2019 in San Antonio and Orlando. This announcement comes nearly three years after the release […]

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