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U.S. Fish and Wildlife Service Proposes "Endangered" Listing for Northern Long-Eared Bat

On 23 March 2022, the U.S. Fish and Wildlife Service (the Service) issued a proposed rule (Proposed Rule) to reclassify the northern long-eared bat from a threatened species to an endangered species under the Endangered...more

To Kill a Mocking Bird - Trump Administration Finalizes Rule Narrowing Migratory Bird Treaty Act

On 7 January 2021, the Trump administration finalized a new rule that limits the scope of the Migratory Bird Treaty Act (MBTA or the Act). Under the new rule (which President Biden has already directed the Department of the...more

NMFS Demands More Mitigation for Nearshore Projects in the Puget Sound Region

In November, the National Marine Fisheries Service (NMFS or the Service) issued a final jeopardy opinion for 39 nearshore development projects in the Puget Sound region that had been under consultation with the U.S. Army...more

Contemplating the Future of the Lower Snake River Dams

For the first time in a decades-long dispute over the future of the lower Snake River dams (LSRD), federal agencies have analyzed the potential effects of breaching and removing the dams to support recovery of threatened and...more

Federal Court Strikes Down Trump Administration's Narrow Interpretation of Migratory Bird Treaty Act

A federal court recently struck down the Trump administration’s 2017 memorandum that had narrowly interpreted the Migratory Bird Treaty Act (MBTA or Act) to exclude incidental bird deaths....more

DC District Court Bats Down Northern Long-Eared Bat Listing

On January 28, 2020, the U.S. District Court for the District of Columbia released an opinion rejecting the U.S. Fish and Wildlife Service’s (the “Service”) 2015 decision to list the northern long-eared bat (Myotis...more

Trump Administration Finalizes New Endangered Species Act Regulations

The Trump administration recently issued three final rules revising several key aspects of the Endangered Species Act (“ESA”), including: (1) listing species and designating critical habitat under § 4 of the ESA; (2)...more

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

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

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