Ashley Remillard

Ashley Remillard

Nossaman LLP

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U.S. Fish and Wildlife Service Adds Ten Species to the List of Endangered and Threatened Wildlife and Updates the Listings of Five...

On November 2, 2016, the U.S. Fish and Wildlife Service (Service) issued a final rule adding ten species to the List of Endangered and Threatened Wildlife, and updating the listings of five other species. Of the ten new...more

11/2/2016 - Conservation Critical Habitat Endangered Species Endangered Species Act (ESA) Environmental Policies ESA Listings Habitat Conservation Plan US Fish and Wildlife Service

ESA Round Up – Recent Cases and Policy

In the last several days there has been a flurry of end-of-summer activity, with federal courts issuing a number of Endangered Species Act (ESA) decisions: On September 2, 2016, the U.S. District Court for the Northern...more

9/6/2016 - Caltrans Conservation Critical Habitat Endangered Species Endangered Species Act (ESA) Environmental Policies ESA Listings Habitat Conservation Plan US Fish and Wildlife Service

[Event] Nossaman's 2016 Environmental and Land Use Seminar - September 13th, Costa Mesa, CA

Join us for our annual Environmental and Land Use Law Update! This complimentary morning seminar will be comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including...more

8/19/2016 - California Coastal Commission CEQA Clean Water Act Continuing Legal Education Drought Events Waters of the United States

ESA Round-Up – Summer 2016

In the past few weeks, the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) published several Endangered Species Act (ESA) listing decisions, including the following...more

8/3/2016 - Critical Habitat Endangered Species Endangered Species Act (ESA) ESA Listings Habitat Conservation Plan National Marine Fisheries Service US Fish and Wildlife Service

State Water Board Issues New Proposed Permitting Procedures for Dredge and Fill to Waters of the State

On June 17, 2016, the State Water Resources Control Board (State Board) issued its much-anticipated draft “Procedures for Discharges of Dredged or Fill Materials to Waters of the State” (Draft Permitting Procedures). The...more

6/29/2016 - Dredge and Fill EPA Permits Section 404 State Department of Fish and Wildlife State Water Boards State Water Project US Army Corps of Engineers

Federal Wildlife Agencies Release Draft Revisions to Habitat Conservation Planning Handbook

On June 28, 2016, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) released draft revisions to their joint Habitat Conservation Planning Handbook (Handbook).  The proposed revisions are...more

6/29/2016 - Critical Habitat Endangered Species Endangered Species Act (ESA) Habitat Conservation Plan Handbooks National Marine Fisheries Service New Regulations US Fish and Wildlife Service

U.S. Fish and Wildlife Service Designates Critical Habitat for the Oregon Spotted Frog

On May 11, 2016, the U.S. Fish and Wildlife Service (Service) issued a final rule designating approximately 65,038 acres and 20.3 river miles of critical habitat for the Oregon spotted frog (Rana pretiosa). The acres and...more

5/12/2016 - Conservation Critical Habitat Endangered Species Endangered Species Act (ESA) ESA Listings Final Rules Habitat Conservation Plan US Fish and Wildlife Service

U.S. Fish and Wildlife Service Issues 12-Month Findings on Four Species

On April 5, 2016, the U.S. Fish and Wildlife Service (Service) issued 12-month findings on petitions to list the island marble butterfly (Euchloe ausonides insulanus), the San Bernardino flying squirrel (Glaucomys sabrinus...more

4/6/2016 - Critical Habitat Endangered Species Endangered Species Act (ESA) ESA Listings US Fish and Wildlife Service

Ninth Circuit Upholds Polar Bear Critical Habitat Designation

On February 29, 2016, the U.S. Court of Appeals for the Ninth Circuit upheld the U.S. Fish and Wildlife Service’s (Service) designation of critical habitat in Alaska for the polar bear (Ursus maritimus). Alaska Oil and Gas...more

3/2/2016 - Conservation Critical Habitat Endangered Species Endangered Species Act (ESA) Habitat Conservation Plan US Fish and Wildlife Service

NMFS Designates Additional Critical Habitat for North Atlantic Right Whales

On January 27, 2016, the National Marine Fisheries Service (NMFS) issued a final rule designating approximately 29,763 nautical square miles of marine habitat for the North Atlantic right whale (Eubalaena glacialis). The...more

1/28/2016 - Critical Habitat Endangered Species Endangered Species Act (ESA) National Marine Fisheries Service

ESA Roundup – Lawmakers and Lions, Oh My!

After weeks of negotiations, on December 18, 2015, Congress finally approved the Fiscal Year 2016 omnibus spending bill. One hotly debated issue related to the controversial greater sage grouse (Centrocercus urophasianus). ...more

12/23/2015 - Appropriations Bill Bureau of Land Management ESA Listings Forest Service Habitat Conservation Plan

U.S. Fish and Wildlife Service Delists Modoc Sucker

On December 8, 2015, the U.S. Fish and Wildlife Service (Service) issued a final rule removing the Modoc sucker (Catostomus microps) from the list of threatened and endangered species. The Modoc sucker, a small fish native...more

12/9/2015 - Critical Habitat Delisting Endangered Species Endangered Species Act (ESA) US Fish and Wildlife Service

Oregon Fish and Wildlife Commission Removes Gray Wolf from State Endangered Species List

On November 9, 2015, the Oregon Fish and Wildlife Commission (Commission) voted to remove the gray wolf (Canis lupus) from protection under the Oregon Endangered Species Act.  The Commission meeting lasted almost 10 hours,...more

11/12/2015 - Conservation Endangered Species Endangered Species Act (ESA) ESA Listings State Department of Fish and Wildlife

Oregon Department of Fish and Wildlife Recommends Delisting the Gray Wolf

On October 29, 2015, the Oregon Department of Fish and Wildlife (ODFW) announced that it believes that the gray wolf (Canis lupus) has met the criteria to be delisted from the state Endangered Species Act (Oregon ESA). Under...more

11/3/2015 - Comment Period Endangered Species Endangered Species Act (ESA) ESA Listings State Department of Fish and Wildlife

U.S. District Court Rejects Challenges to Final Rule Terminating Sea Otter Translocation Program.

On September 18, 2015, the U.S. District Court for the Central District of California rejected the assertion by the California Sea Urchin Commission, California Abalone Association, and Commercial Fishermen of Santa Barbara...more

10/1/2015 - Article III Endangered Species Endangered Species Act (ESA) ESA Listings Final Rules Fishing Industry Habitat Conservation Plan Standing US Fish and Wildlife Service

U.S. Fish and Wildlife Service Issues 90-Day Findings on Petitions to List 25 Plant and Animal Species

On September 18, 2015, the U.S. Fish and Wildlife Service (Service) issued 90-day findings on 25 petitions to list various plants and animals under the Endangered Species Act (ESA). Of the 25 petitions, the Service concluded...more

9/22/2015 - Comment Period Conservation Critical Habitat Endangered Species Act (ESA) ESA Listings Habitat Conservation Plan US Fish and Wildlife Service

[Event] Nossaman's 2015 Environmental and Land Use Seminar - September 22nd, Newport Beach, CA

Nossaman will host a complimentary half-day seminar comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including new federal rules implementing the Clean Water Act and...more

9/15/2015 - CEQA Clean Water Act Drought Endangered Species Act (ESA) Events Land Use Restrictions Land-Use Permits Real Estate Development

Federal Judge Enjoins Implementation of EPA and USACE's New Clean Water Rule

On Thursday, August 27, 2015, the U.S. District Court for the District of North Dakota enjoined the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) from implementing the recently...more

8/31/2015 - Administrative Procedure Act Clean Water Act EPA Injunctions Jurisdiction US Army Corps of Engineers Waters of the United States

California Department of Fish and Wildlife Proposes Rules Regulating Nesting Birds and Birds of Prey

On August 14, 2015, the California Department of Fish and Wildlife (Department) issued a Notice of Proposed Rulemaking relating to nesting birds and birds of prey.  Specifically, the Department is proposing to adopt...more

8/18/2015 - California Fish and Game Commission CEQA Conservation Endangered Species State Department of Fish and Wildlife

California Supreme Court Holds that State Agencies May Not Escape CEQA Mitigation Requirements Based on Failure of the Legislature...

In a decision that enhances the ability of local interests to obtain mitigation funds from state agencies, the California Supreme Court held that the California Environmental Quality Act ("CEQA") requires the Board of...more

8/6/2015 - Appeals Board of Trustees CA Supreme Court CEQA Environmental Impact Report (EIR) Mitigation Reversal Universities Urban Planning & Development

District Court Declines to Provide Injunctive Relief for Emergency Drought Salinity Barrier in the California Bay-Delta

On June 18, 2015, the U.S. District Court for the Eastern District of California denied a motion for a temporary restraining order and preliminary injunction, finding the plaintiff failed to establish that an emergency...more

6/25/2015 - Delta Smelt Department of Water Resources Drought Endangered Species Act (ESA) Executive Orders Preliminary Injunctions US Fish and Wildlife Service

Ninth Circuit Rules Approval of Oil Spill Response Plans is Non-Discretionary

On June 11, 2015, the U.S. Court of Appeals for the Ninth Circuit upheld the Bureau of Safety and Environmental Enforcement’s (Bureau) approval of oil spill response plans (OSRPs) relating to oil leases in the Beaufort and...more

6/16/2015 - Alaska Arctic Drilling Bureau of Safety and Envirnonmental Enforcement Chevron Chevron v NRDC Clean Water Act Endangered Species Endangered Species Act (ESA) Environmental Impact Report (EIR) Hazardous Substances National Environmental Policies NRDC Oil Spills Outer Continental Shelf

EPA and USACE Issue Clean Water Rule

Last week, the U.S. Environmental Protection Agency ("EPA") and the U.S. Army Corps of Engineers ("USACE") released the final Clean Water Rule, which is intended to clarify regulatory confusion over which streams and wetlands...more

6/1/2015 - Clean Water Act EPA Federal Jurisdiction Permits US Army Corps of Engineers Waters of the United States

Senate Holds Hearing on ESA Reform Bills

On May 6, 2015, the Senate Environment and Public Works Committee held a hearing on several Endangered Species Act (ESA) reform bills, including at least three that are similar to bills introduced in 2014 in the House of...more

5/7/2015 - Endangered Species Endangered Species Act (ESA) Environmental Policies ESA Listings Tribal Governments Tribal Lands U.S. House

Tenth Circuit Upholds Roadway Project On Lands Formerly Used To Manufacture Nuclear Weapons

On April 17, 2015, the United States Court of Appeals for the Tenth Circuit affirmed a district court decision upholding the U.S. Fish and Wildlife Service’s (FWS) approval of a roadway project in the Rocky Flats area of...more

4/22/2015 - Appeals Construction Project Endangered Species Act (ESA) Incidental Take Permits Nuclear Waste Roads US Fish and Wildlife Service

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