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Expert Analysis

9th Circ.'s Take On A Recent Trend Of Enviro Groups

Law360, New York (December 10, 2012, 11:40 AM EST) -- On Oct. 22, 2012, the U.S. Court of Appeals for the Ninth Circuit ruled that the Bureau of Land Management and the U.S. Fish and Wildlife Service (FWS) violated the Endangered Species Act (ESA) by granting a right of way for the Ruby Pipeline project. Center for Biological Diversity v. Bureau of Land Management, No. 10-72356 (9th Cir. Oct. 22, 2012). The Ninth Circuit vacated the BLM's authorization for the project and an associated FWS biological opinion, finding that the biological opinion relied on "unenforceable" species mitigation measures and failed to account for groundwater pumping during pipeline construction....

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