Ashley Remillard

Ashley Remillard

Nossaman LLP

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District Court Denies Motion to Enjoin Delta Water Transfers

Last Friday, the U.S. District Court for the Eastern District of California denied a motion brought by environmental groups to enjoin a water transfer project in the Sacramento-San Joaquin River Delta (Delta). Plaintiffs...more

7/15/2014 - Environmental Liability Environmental Policies NEPA State Water Project Water

U.S. Fish and Wildlife Service Regional Director Requests Withdrawal of Proposed Rule to List the Wolverine as Threatened

A Regional Director for the U.S. Fish and Wildlife Service (Service) has directed federal biologists to withdraw their proposed rule to list the wolverine (Gulo gulo luscus) as threatened under the Endangered Species Act. As...more

7/8/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

Conservation Groups Continue to File ESA Lawsuits

Despite landmark settlements requiring the U.S. Fish and Wildlife Service (Service) to review the status of hundreds of species currently listed as candidate species under the Endangered Species Act (ESA), conservation groups...more

6/20/2014 - Endangered Species Endangered Species Act

Amici Curiae Support En Banc Review Of Ninth Circuit Delta Smelt Decision

On May 12, 2014, Appellees Kern County Water Agency, Coalition for a Sustainable Delta, State Water Contractors, and Metropolitan Water District of Southern California filed a petition for rehearing en banc, seeking further...more

5/26/2014 - California Endangered Species Act Delta Smelt Endangered Species Endangered Species Act Farm Bureau Fish and Wildlife Service Hydropower

Finding Win-Win Outcomes For Conservation And Utilization

The Magnuson-Stevens Fishery Conservation and Management Act, or MSA, governs marine fisheries management in federal waters of the United States. The statute's purpose is to conserve and manage fisheries resources to rebuild...more

5/20/2014 - Conservation Environmental Policies National Marine Fisheries Service Waters of the United States

Broad Duty To Consult Is New Norm Under ESA In 9th Circ.

Recently, the Ninth Circuit sitting en banc issued a landmark decision regarding the consultation provisions of the Endangered Species Act. The consultation provisions require any federal agency that authorizes, funds or...more

5/14/2014 - Bureau of Reclamation Consultation Contract Renewal Delta Mendota Canal Delta Smelt ESA ESA Listings Fish and Wildlife Service National Association of Home Builders Settlement Water Rights

California District Court Finds Biological Assessments Inconsistent And Enjoins Caltrans' Project

In Souza v. California Department of Transportation, No. 13-cv-04407 (N.D. Cal. May 2, 2014), plaintiffs sought to enjoin a project proposed by the California Department of Transportation (Caltrans) to modify U.S. Route 199...more

5/7/2014 - Caltrans DOT Environmental Assessments ESA ESA Listings Highways National Marine Fisheries Service Public Projects Salmon Section 7

District Court Upholds Controversial Settlement Agreements Between U.S. Fish And Wildlife Service And Environmental Groups

This week, the United States District Court for the District of Columbia upheld two settlement agreements – one between the U.S. Fish and Wildlife Service (Service) and WildEarth Guardians, and the other between the Service...more

4/7/2014 - Endangered Species Act Environmental Policies Fish and Wildlife Service Settlement

Ninth Circuit Issues Long-Awaited Delta Smelt Decision

Today, the United States Court of Appeals for the Ninth Circuit issued a decision relating to the 2008 biological opinion (BiOp) issued by the U.S. Fish and Wildlife Service (Service) regarding the effects of the Central...more

3/14/2014 - Bureau of Reclamation Endangered Species Act Fish and Wildlife Service NEPA

National Marine Fisheries Service To Conduct Status Review For Four Cetaceans

Today, the National Marine Fisheries Service (NMFS) announced a 90-day finding on a petition to list the Hector’s dolphin (Cephalorhynchus hectori), the Baltic Sea subpopulation of harbor porpoise (Phocoena phocoena), the...more

2/24/2014 - Endangered Species Endangered Species Act ESA Listings National Marine Fisheries Service

California Department Of Fish And Wildlife Recommends Against Listing The Gray Wolf

Yesterday, the California Department of Fish and Wildlife (DFW) recommended that the California Fish and Game Commission not list the gray wolf as endangered under the California Endangered Species Act. Following a yearlong...more

2/7/2014 - ESA Listings Fish and Wildlife Service

District Court Finds Columbia River Hatchery Violates Endangered Species Act

In Native Fish Society v. National Marine Fisheries Service, No. 3:12-cv-00431, environmental groups challenged the operation of the Sandy Hatchery along the Columbia River in Portland, Oregon. Among other things, plaintiffs...more

1/22/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

Endangered Species Act Turns 40

December 28, 2013 marked the 40th birthday of the Endangered Species Act (ESA), which was signed into law by President Richard Nixon on December 28, 1973. According to Sally Jewell, the Secretary of the Interior: “This...more

1/2/2014 - Endangered Species Act ESA Listings

House Natural Resources Committee Holds Fifth Oversight Hearing On Endangered Species Act

Last week, the House Natural Resources Committee held its fifth oversight hearing on the Endangered Species Act (ESA). Entitled “ESA Decisions by Closed-Door Settlement: Short-Changing Science, Transparency, Private Property,...more

12/19/2013 - Endangered Species Act ESA Listings Proposed Amendments

U.S. Fish And Wildlife Service Proposes Revised Rule For The Lesser Prairie-Chicken

On December 11, 2013, the U.S. Fish and Wildlife Service (Service) issued a revised special rule that would provide for a limited exception to the protections currently proposed for the lesser prairie-chicken (Tympanuchus...more

12/16/2013 - Endangered Species Act ESA Listings Fish and Wildlife Service

U.S. Fish And Wildlife Service To Determine Whether To List The Arctic Grayling

Last week, the U.S. Fish and Wildlife Service (Service) announced that it will begin a status review of the upper Missouri River distinct population segment (DPS) of the Arctic grayling (Thymallus arcticus). The status review...more

12/5/2013 - Endangered Species Endangered Species Act ESA Listings Fish and Wildlife Service

U.S. Fish And Wildlife Service Declines To List Gunnison's Prairie Dog

On November 14, 2013, the U.S. Fish and Wildlife Service (Service) determined that Gunnison’s prairie dog (Cynomys gunnisonidoes) does not warrant listing under the Endangered Species Act (ESA). According to the Service, the...more

11/20/2013 - Endangered Species Endangered Species Act ESA Listings Fish and Wildlife Service

U.S. District Court Approves Settlement Requiring The U.S. Fish & Wildlife Service To Study The Impact Of Pesticides On The...

On November 4, 2013, the U.S. District Court for the Northern District of California approved a settlement agreement between the U.S. Fish & Wildlife Service (Service) and the Center for Biological Diversity (CBD) regarding...more

11/7/2013 - Endangered Species Fish and Wildlife Service Pesticides

National Marine Fisheries Service Delists The Eastern Population Of The Steller Sea Lion

Last week, the National Marine Fisheries Service (NMFS) issued a final rule delisting the eastern distinct population segment (DPS) of the Steller sea lion (Eumetopias jubatus) from the list of threatened and endangered...more

10/29/2013 - Endangered Species Endangered Species Act National Marine Fisheries Service

Working Group Holds Congressional Forum On ESA Reform, Despite Absence Of Environmental Groups

On October 10, 2013, the Endangered Species Act Congressional Working Group (Working Group) held a forum entitled “Reviewing 40 Years of the Endangered Species Act and Seeking Improvement for People and Species.” The forum...more

10/14/2013 - Conservation Endangered Species Act ESA Listings State and Local Government

U.S Fish & Wildlife Service Denies Listing Of Alaskan Seabird Under The Endangered Species Act

On October 3, 2013, the U.S. Fish and Wildlife Service (Service) declined to list the Kittlitz’s murrelet (Brachyramphus brevirostris) under the Endangered Species Act. Responding to a petition from the Center for Biological...more

10/7/2013 - Endangered Species Endangered Species Act Fish and Wildlife Service

Settlement Agreement Reached With U.S. Fish & Wildlife Service To Consider Listing Nine Species Under The Endangered Species Act

On September 24, 2013, the U.S. Fish and Wildlife Service (Service) entered into a settlement agreement with the Center for Biological Diversity, requiring the Service to determine whether to list nine species under the...more

9/27/2013 - Endangered Species Endangered Species Act Fish and Wildlife Service

U.S. Fish & Wildlife Service To Hold Hearings On Delisting The Gray Wolf

The U.S. Fish and Wildlife Service will hold three public hearings on its proposed rule to delist the gray wolf (Canis lupus) from the list of endangered and threatened species. The first hearing is scheduled to occur on...more

9/18/2013 - Endangered Species Endangered Species Act Fish and Wildlife Service

D.C. District Court Upholds U.S. Fish & Wildlife's Determination That The Tri-State Population Of The Marbled Murrelet Warrants...

In American Forest Resource Council v. Ashe, 1:12-cv-00111 (D.D.C. Sept. 5, 2013), the U.S. District Court for the District of Columbia upheld the U.S. Fish & Wildlife Service’s (Service) determination that the Washington,...more

9/9/2013 - Endangered Species Endangered Species Act Fish and Wildlife Service National Marine Fisheries Service

Federal Wildlife Agencies Issue Final Rule Adopting "Incremental" Approach To Economic Impact Analyses Conducted For Critical...

On August 28, 2013, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) issued a final rule adopting an “incremental” approach to preparing an economic impact analysis required for a...more

8/29/2013 - Critical Habitat Endangered Species Endangered Species Act Fish and Wildlife Service National Marine Fisheries Service

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