Feb 272015

Video of oral argument | Audio (2/5/15)

The Ninth Circuit affirmed a lower court’s dissolution of an injunction in a challenge to the Grizzly Project on the Kootenai National Forest (Alliance for the Wild Rockies (AWR) v. Bradford, 13-35768).

In an unpublished decision, the court found that U.S. District Judge Donald W. Molloy was justified in dissolving the injunction he had issued June 29, 2010. The order being appealed was issued April 3, 2012.

The circuit judges on the panel were Raymond C. Fisher, Mary H. Murguia and Carlos T. Bea. Bea issued a separate concurring opinion to say he did not believe AWR should have been allowed to appeal the ESA portion of the ruling. Molloy had granted the plaintiffs’ motion for summary judgment on its National Forest Management Act and National Environmental Policy Act claims. He ruled for the Forest Service on one of the ESA claims, but then the Forest Service voluntarily dismissed its appeal, and the plaintiffs dropped their cross-appeal.

Said Bea:

“I see no reason to deviate from the usual rule that a party gets one opportunity—and only one opportunity—to seek appellate review of an adverse judgment on a claim. Because Alliance had that opportunity in 2010 and rejected
it by dismissing its cross-appeal, I would not revisit the merits of the ESA claim.”

Appeals filed in Great Lakes wolf case

 Posted by on February 27, 2015
Feb 272015
Appeals filed in Great Lakes wolf case

The federal government, the states of Wisconsin and Michigan and a coalition of hunting groups have appealed a Dec. 19 decision that put gray wolves in the Great Lakes back on the endangered species list. The United States and the hunting groups both filed notices of appeal Feb. 13. Wisconsin appealed on Feb. 26 and […]

Feb 262015

Rep. Ken Calvert, chairman of the House Appropriations Committee’s Interior and Environment subcommittee, delivers his opening statement at the hearing on the president’s proposed Interior FY 2016 budget. Go to minute 3:00 for his views on the ESA.

Feb 262015
FWS enacts new manatee protections at Three Sisters Springs

News Release (2/26/15 and below))   Three Sisters Springs map: Proactive Precautionary Management Measures of Three Sisters Springs: In-spring Manatee closures. Credit: USFWS Higher Quality Version of Image U.S. Fish and Wildlife Service to Enact Additional Manatee Protection Measures at Three Sisters Springs The U.S. Fish and Wildlife Service published its Final Environmental Assessment “Manatee […]

Feb 252015

PEER news release (2/25/15) (and pasted below) SCIENTIFIC FRAUD INFESTS FISH & WILDLIFE SERVICE TOP RANKS Whistleblower Hearing Traces Corruption and Retaliation Back to Director’s Door Posted on Feb 25, 2015  | Tags: FWS, Scientific Integrity Washington, DC —An explosive whistleblower hearing transcript paints a vivid picture of rampant scientific misconduct, callous reprisal and systemic […]

Feb 242015

NMFS has issued an Incidental Harassment Authorization (IHA) to the San Francisco Bay Area Water Emergency Transportation Authority (WETA) to take, by harassment, small numbers of two species of marine mammals incidental to pile driving and removal associated with the Central Bay Operations and Maintenance Facility Project in the City of Alameda, California, between December […]

Feb 232015

For all ESA and NEPA notices from 2015, go to www.eswr.com/fr-today NMFS will continue studies to inform a 12-month finding on a petition from the Center for Biological Diversity to revise the critical habitat designation for the Southern Resident killer whale (Links) (CBD release) The Department of the Interior (DOI), acting through BOEM and BSEE, […]