Use of Endangered Species Act to prevent mining operation requires input early in the NOI review process

The Endangered Species Act ("ESA") is becoming a popular tool used by public interest groups to stop projects that they view as adverse to environmental quality. However, a recent attempt to use the ESA against a mining project failed when the procedural posture was deemed an inaction for purposes...

Mountain States Legal Foundation: Polar Bear Listing Upheld

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation A western legal foundation has expressed dismay with the decision by a federal appellate court upholding the 2008 decision by the U.S. Fish and Wildlife Service (FWS) to place polar bears on the Endangered...