Ankur Tohan

Ankur Tohan

K&L Gates LLP

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Latest Publications


Clean Water Rule Stayed Nationwide

On October 9, 2015, the United States Court of Appeals for the Sixth Circuit issued a stay of the Obama Administration’s new rule defining the scope of federal jurisdiction under the Clean Water Act. The stay postpones...more

10/15/2015 - Appeals Clean Water Act Clean Water Rule EPA Obama Administration Regulatory Agenda Stays Subject Matter Jurisdiction US Army Corps of Engineers Waters of the United States

Greater Sage-Grouse Avoids ESA Listing

The U.S. Fish and Wildlife Service (“Service”) announced on Tuesday, September 22, 2015, that it would not list the greater sage-grouse under the Endangered Species Act (“ESA”). This decision represents a change of direction...more

9/28/2015 - Bureau of Land Management Critical Habitat Department of the Interior ESA ESA Listings Forest Service Habitat Conservation Plan US Fish and Wildlife Service

Where You Operate Matters: the Fifth Circuit Widens the Split on MBTA Liability

Last week the Fifth Circuit issued a ruling that reduces uncertainty regarding criminal liability for taking migratory birds. In particular, the ruling alleviates potential liability for facilities where interactions with...more

9/16/2015 - Bird Fatalities Endangered Species Act Energy Sector Manufacturers Migratory Bird Treaty Act Oil & Gas Petroleum Power Plants

Eagles Back in the Nest: FWS 30-Year Eagle “Take” Rule Vacated Less than Two Years after Implementation

On August 11, 2015, the United States District Court for the Northern District of California struck down a U.S. Fish and Wildlife Service (the “Service”) regulation that increased the maximum duration of programmatic permits...more

9/4/2015 - Bald and Golden Eagle Protection Act Conservation Endangered Species Endangered Species Act Environmental Assessments Environmental Impact Report ESA ESA Listings NEPA US Fish and Wildlife Service

Greater sage-grouse and land use in the inter-mountain west

The greater sage-grouse—a ground-dwelling, chicken-like bird—has been the focus of controversy pitting conservation against energy development and ranching interests across the inter-mountain west. The greater sage-grouse’s...more

8/31/2015 - Bureau of Land Management Critical Habitat Endangered Species Endangered Species Act Environmental Impact Report ESA ESA Listings Federal Land Forest Service Habitat Conservation Plan Natural Resources Non-Profits Oil & Gas Private Property US Fish and Wildlife Service USDA

Bats in the Balance: Northern Long-Eared Bat Listing and Interim 4(d) Rule

The U.S. Fish and Wildlife Service (“Service”) recently listed the northern long-eared bat (the “Bat”) as a “threatened” species under the U.S. Endangered Species Act (“ESA”) and issued an interim “species-specific” rule...more

5/8/2015 - Endangered Species Act ESA Listings Takings US Fish and Wildlife Service

Greenhouse Gases and Environmental Review: CEQ’s expansive view on how NEPA treats GHGs

On December 18, 2014, the White House Council on Environmental Quality (CEQ) proposed revised guidance (“Guidance”) directing how federal agencies should consider greenhouse gas (GHG) emissions and climate change when...more

2/19/2015 - CEQ Climate Change Environmental Policies Environmental Review Greenhouse Gas Emissions Guidance Update Motor Carriers NEPA Trucking Industry

Critical Habitat and the Endangered Species Act: Proposed Revisions to Fundamental Regulatory Concepts

On May 12, 2014, the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (collectively, the “Services”) issued notices of proposed rules and a proposed policy related to the designation of...more

8/19/2014 - Clean Water Act Critical Habitat ESA National Marine Fisheries Service Permits Proposed Regulation US Army Corps of Engineers US Fish and Wildlife Service

Facing Two Strikes, EPA Gets a Hit: Supreme Court Upholds EPA Cross-State Air Pollution Rule

Two years ago, we reported that the D.C. Circuit vacated and remanded the U.S. Environmental Protection Agency’s (“EPA”) second attempt at regulation of air pollution crossing state borders. Facing two strikes, EPA swung for...more

5/2/2014 - Air Pollution Clean Air Act Cross-State Air Pollution Environmental Policies EPA EPA v EME Homer City SCOTUS Transport Rule

Koontz: The latest chapter in land use permitting and takings

In a landmark environmental case, the United States Supreme Court expanded the scope of potential governmental liability for takings. In Koontz v. St. Johns River Water Mgmt. Dist, 133 S. Ct. 2586 (2013), the Court held that...more

11/25/2013 - Dolan v City of Tigard Koontz v St John's River Water Management Nexus Nollan v California Coastal Commission Rough Proportionality Test SCOTUS Takings

The New 2013 Eagle Conservation Plan Guidance: Certainty for the Industry or Dust in the Wind?

The new Eagle Conservation Plan Guidance issued by the U.S. Fish & Wildlife Service (“FWS”) presents an interesting question for wind project developers and operators – does it really provide greater certainty and reduce...more

5/30/2013 - Bird Fatalities Renewable Energy State Department of Fish and Wildlife Wind Power

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