National Wildlife Federation v. NMFS

Three federal agencies and intervenor-defendants challenged injunctions issued by the district court to protect salmon and steelhead species listed under the Endangered Species Act (ESA), 16 U.S.C. 1531-1544. The Ninth Circuit held that Federal Rule of Civil Procedure 60(b) did not bar plaintiffs' January 2017 injunction motions; the district court did not abuse its discretion in granting the spring spill injunction; the district court did not abuse its discretion in granting the PIT tag monitoring injunction; and the district court's National Environmental Policy Act (NEPA), 42 U.S.C. 4321-4347, disclosure was not properly before the panel. Therefore, the district court did not abuse its discretion in granting injunctive relief to plaintiffs. The panel dismissed intervenor-defendants' appeal of the district court's NEPA disclosure order. View "National Wildlife Federation v. NMFS" on Justia Law