Law360, New York (December 12, 2014, 11:00 AM EST) -- The decision by the Ninth Circuit in Alliance for the Wild Rockies v. U.S. Dep't of Agriculture, No. 13-35253 (9th Cir. Nov. 20, 2014), permitting plaintiffs to amend a complaint to add claims under the federal Endangered Species Act after sending a notice of intent to sue and waiting the requisite 60 days, represents a significant shift in the law, as federal courts have prohibited such amendments in the past. Thus, in the past, if a plaintiff wanted to pursue both non-ESA and ESA claims, it would often sit on its non-ESA claims until the passage of the notice period, which meant no temporary restraining order or preliminary injunction motion could be filed for at least 60 days even if there was a clear violation of some other federal statute. As a result of the Ninth Circuit's decision, however, plaintiffs in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington can pursue their non-ESA claims immediately, and amend the complaint to add their ESA claims after the passage of the 60-day notice period....