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Will Environmental Laws Prevent a Wall Through Santa Ana NWR?

10,000 Birds

One might assume that construction of a border wall through a sensitive national wildlife refuge would be prevented, or at least slowed, by a thicket of lawsuits under statutes such as the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). And, most recently , again near San Diego in 2017.

Laws 131
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Bird Litigation: Sonoran Desert Bald Eagle

10,000 Birds

Court of Appeals for the Ninth Circuit recently decided that the Sonoran Desert population of Bald Eagle is not a listable taxon under the Endangered Species Act. Under ESA, the term “species” actually has three categories: (1) species, (2) subspecies, and (3) distinct population segments (DPS). What does that mean?