North American Butterfly Association v. Wolf

Docket Number19-5052
Decision Date13 October 2020
National Butterfly Center, a 100-acre wildlife sanctuary and botanical garden owned by the nonprofit North American Butterfly Association, lies along the border with Mexico. The U.S. Department of Homeland Security (DHS) planned to build a segment of the border wall through the Center. The Association sued, citing the Fourth and Fifth Amendments and two environmental statutes. DHS has not analyzed the environmental impact of border wall-related activities at the Center (42 U.S.C. 4332(2)(C)), nor...

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51 cases
  • Pennsylvania v. DeJoy
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • August 25, 2021
    ...the prevailing standard of review for ultra vires claims, citing the stringent test recently set forth in N. Am. Butterfly Ass'n v. Wolf , 977 F.3d 1244, 1263 (D.C. Cir. 2020).II. GOVERNING STANDARDThese motions are governed by the well-established standard for summary judgment set forth in......
  • Brennan v. Dickson
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • July 29, 2022
    ...things enumerated in the [Fourth] Amendment's text, so they fall outside the Fourth Amendment's coverage." N. Am. Butterfly Ass'n v. Wolf , 977 F.3d 1244, 1264 (D.C. Cir. 2020) (discussing Oliver , 466 U.S. at 176-80, 104 S.Ct. 1735 ) (formatting modified). And there is no reasonable expect......
  • Virtus Pharm. v. Garland
    • United States
    • U.S. District Court — District of Columbia
    • September 22, 2021
    ... ... property without appropriate procedural protections.” ... N. Am. Butterfly Ass'n v. Wolf , 977 F.3d 1244, ... 1265 (D.C. Cir. 2020). When evaluating a procedural due ... ...
  • Coal. on Homelessness v. City & Cnty. of S.F.
    • United States
    • California Court of Appeals
    • July 21, 2023
    ...538 ["our cases unmistakably hold that the [Fourth] Amendment protects property as well as privacy"]; accord, N. Am. Butterfly Ass'n v. Wolf (D.C. Cir. 2020) 977 F.3d 1244, 1264.) A property seizure (the type of action challenged in the present case) "occurs when ‘there is some meaningful i......
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