Courthouse Steps Oral Argument Teleforum: U.S. Fish and Wildlife Service v. Sierra Club
Yesterday, the U.S. Supreme Court heard arguments in U.S. Fish and Wildlife Service v. Sierra Club, an important case involving the Government’s use of the deliberative process privilege (Exemption 5) to avoid producing documents in response to a request made under...
The Appalachian Trail to the Supreme Court
On June 15, 2020 the Supreme Court held that traditional property law and statutory language combine to make the Appalachian Trail, maintained by the National Park Service, a Congressionally granted right to use Forest Service land—removing a major obstacle to the...
Critical Habitat Designation for Endangered Jaguar is Reversed
The Tenth Circuit has reversed the U.S. Fish & Wildlife Service’s designation of 100,000 acres of critical habitat for the endangered jaguar in Arizona and New Mexico, ruling that the evidence failed to support the agency’s decision that either the jaguar occupied...
Fifth Circuit Orders Fish & Wildlife to Reconsider Its Denial of Delisting Petition
The U.S. Court of Appeals for the Fifth Circuit has ordered the Fish & Wildlife Service to reconsider its rejection of a petition to remove the Texas golden-cheeked warbler from the endangered species list, holding that FWS’s decision was arbitrary and capricious....
Federal Circuit Announces Expanded Federal Indian Trust Responsibilities
Just as the Department of the Interior thought that its Indian trust responsibilities were drawing to a close after the resolution of the massive Cobell Indian trust litigation, the Federal Circuit today opened up the flood gates to a whole new area of government...
Your Guide on How to Protect Your Rights in Federal Takings and Inverse Condemnation Actions
Are you facing a taking from the government? Need to understand what a taking is and what you can do about it? Read our Takings Law Guide.