ENDANGERED SPECIES ACT (ESA)

Animal Welfare Institute v. Beech Ridge Energy, 675 F. Supp. 2d 540 (D. Md. 2009) (challenge to wind developer's construction and operation without first obtaining an incidental take permit under the ESA for likely takes of Indiana bats)

Biodiversity Legal Foundation v. Babbitt, 943 F. Supp. 23 (D.D.C. 1996) (challenge to FWS's decision not to list Alexander Archipelago wolf as threatened or endangered).

Biodiversity Legal Foundation v. Babbitt, Civ. No. 96-641 (D.D.C.) (challenge to FWS's failure to provide notice and comment before deleting the ESA Category 2 species list).

Biodiversity Legal Foundation v. Babbitt, Civ. No. 96-1156, 1997 U.S. Dist. LEXIS 23007 (D.D.C. March 27, 1997) (challenge to FWS's failure to make a 90-day finding for the California mountain yellow legged frog).

Biodiversity Legal Foundation v. Norton, 285 F. Supp. 2d 1 (D.D.C. 2003) (challenge to agency's failure to revise critical habitat for Cape Sable seaside sparrow).

Cary v. Salazar, 626 F. Supp. 2d 102 (D.D.C. 2009) (challenge to FWS rule that allowed the killing of captive-bred endangered species of African antelopes).

Center for Biological Diversity v. Evans, Civ. No. 04-4496, 2005 WL 1514102 (N.D. Cal. 2005) (challenge to agency's failure to designate critical habitat for the Right whale in the North Pacific Ocean).

Center for Biological Diversity v. Salazar, Civ. No. 08-4595 (N.D. Cal.) (challenge to FWS's rule designating no critical habitat for the California tiger salamander's Sonoma County population).

PENDING
Center for Native Ecosystems v. Salazar, Civ. No. 09-1463 (D. Colo.) (challenge to FWS's delisting of a portion of the Prebles Meadow Jumping Mouse population and the agency's Distinct Population Segment policy)

Cheat Lake Environment and Recreation Association v. Allegheny Wood Products, Inc., Civ. No. 05-61 (N.D.W.V.) (challenge to logging operation for causing take of the three-toothed land snail and Indiana bat).

Defenders of Wildlife v. Babbitt, 130 F. Supp. 2d 121 (D.D.C. 2001) (challenge to various federal agencies' failure to consider cumulative impacts of federal activities on Sonoran Pronghorn under section 7).

Defenders of Wildlife v. Babbitt, Civ. No. 99-206 (D.D.C.) (challenge to FWS's refusal to list the Atlantic salmon as threatened or endangered).

Defenders of Wildlife v. Gutierrez, 532 F.3d 913 (D.C. Cir. 2008) (challenge to Coast Guard's failure to consult with FWS regarding its commercial shipping regulations in right whale habitat).

Defenders of Wildlife v. Meissner, Civ. No. 99-2262 (D.D.C.) (challenge to Border Patrol activities in habitat of Jaguarundis and ocelots).

Defenders of Wildlife v. Norton, 239 F. Supp. 2d 9 (D.D.C. 2002) (challenge to FWS's failure to list the Canada lynx as endangered and to designate critical habitat)

PENDING
Defenders of Wildlife v. Salazar, Civ. No. 08-237 (M.D. Fla.) (challenge seeking to enforce prior settlement agreement concerning use of ORVs on Big Cypress National Preserve).

Defenders of Wildlife v. Widnall, Civ. No. 96-2117 (D.D.C.) (challenge to Air Force bombing in Sonoron pronghorn habitat).

Friends of Blackwater v. Salazar, 772 F. Supp 2d 232 (D.D.C. 2011) (challenge to the removal of the West Virginia Northern Flying Squirrel from endangered species protections).

Fund for Animals v. Babbitt, 903 F. Supp. 96 (D.D.C. 1995) (challenge to the adequacy of FWS's recovery plan for the grizzly bear).

Fund for Animals v. Babbitt, Civ. No. 97-1126 (D.D.C.) (challenge to Park Service's failure to consider impacts of Yellowstone snowmobiling and trail grooming on bison).

Fund for Animals v. Lujan, Civ. No. 92-800 (D.D.C.) (challenge to FWS's failure to list multiple candidate species as threatened or endangered)

Fund for Animals v. Norton, 294 F. Supp. 2d 92 (D.D.C. 2003) (challenge to Yellowstone winter use plan).

Fund for Animals v. Williams, 246 F. Supp. 2d 27 (D.D.C. 2003) (challenge to FWS's decision to authorize hunting of imperiled Trumpeter swans).

Gerber v. Norton, 294 F.3d 173 (D.C. Cir. 2002) (challenge to Habitat Conservation Plan for the Delmarva fox squirrel).

Gibbs v. Babbitt, 214 F.3d 483 (4th Cir. 2000), cert. denied, 2001 WL 137648 (defense of the constitutionality of special rule for reintroduction of endangered red wolf).

Maine v. Norton, 257 F. Supp. 2d 357 (D. Me. 2003) (defense of challenge to listing of Atlantic salmon).

Mount Graham Coalition v. Thomas, 53 F.3d 970 (9th Cir. 1995) (challenge to telescope project in habitat of the Mt. Graham red squirrel).

National Audubon Society v. Davis, 307 F.3d 835 (9th Cir. 2002) (defense of citizen initiative restricting wildlife traps and poisons).

People for the Ethical Treatment of Animals v. Babbitt, Civ. No. 93-1836 (D.D.C. 1994) (challenge to ESA permit for Orangutans used in entertainment).

PENDING
Public Employees for Environmental Responsibility v. Bromwich, Civ. No. 10-1067 (challenge to DOI's, BOEMRE'S, and FWS's environmental reviews of the Cape Wind off-shore wind project under NEPA, ESA, and MBTA).

PENDING
Public Employees for Environmental Responsibility v. Salazar, Civ. No. 11-647 (M.D. Fla.) (challenging NPS’s decision to introduce extensive ORV use and ORV-assisted hunting into the Addition Lands of the Big Cypress National Preserve and its decision to severely circumscribe the amount of eligible acreage for designation as wilderness).

Save the Manatee Club v. Ballard, 215 F. Supp. 2d 88 (D.D.C. 2002) (challenge to agency's failure to implement terms of settlement agreement requiring new refuges and sanctuaries for manatees).

Shelby Proie, et al. v. National Marine Fisheries Service, Civ. No. 2:11-cv-01923 (W.D.WA 2011)

Sierra Club v. Flowers, 423 F. Supp. 2d 1273 (S.D. Fla. 2006) (challenge to Army Corps of Engineers decision to authorize hard-rock mining adjacent to Everglades National Park without engaging in formal consultation).

Sierra Club v. Van Antwerp, Civ. No. 07-1756 (D.D.C.) (challenge to Corps' grant of a dredge and fill permit for a large commercial development and to the Corps' failure to comply with its NEPA and ESA consultation obligations).

Southern Utah Wilderness Alliance v. Norton, 237 F. Supp. 2d 48 (D.D.C. 2002) (challenge to oil and gas exploration outside Arches National Park).

Southwest Center for Biological Diversity v. Babbitt, 939 F. Supp. 49 (D.D.C. 1996) (challenge to FWS's failure to list the Queen Charlotte Goshawk in the Tongass National Forest as threatened or endangered).

Spirit of the Sage Council v. Babbitt, Civ. No. 98-1873 (D.D.C.) (challenge to the No Surprises rule for Habitat Conservation Plans).

Spirit of the Sage Council v. Norton, 294 F. Supp. 2d 67 (D.D.C. 2003) (subsequent challenge to No Surprises and other regulations applicable to Habitat Conservation Plans).