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Federal Government Finalizes Significant Changes to NEPA Regulations

On May 1, 2024, the Council on Environmental Quality (“CEQ”) promulgated the Bipartisan Permitting Reform Implementation Rule (“Final Rule”), 89 Fed. Reg. 35,442 (May 1, 2024), which is better known as Phase 2 of the Biden...more

Phase 2 NEPA Revisions: Significant Changes Proposed by CEQ in the Proposed Bipartisan Permitting Reform Rule

On July 31, 2023, the Council on Environmental Quality (“CEQ”) proposed the Bipartisan Permitting Reform Implementation Rule (“Proposed Rule”), 88 Fed. Reg. 49,924 (July 31, 2023), which is better known as Phase 2 of the...more

U.S. Fish and Wildlife Service and National Marine Fisheries Service Issue Proposed Endangered Species Act Regulations Regarding...

On June 22, 2023, the U.S. Fish and Wildlife Service (“FWS”) and National Marine Fisheries Service (“NMFS”) (collectively, “the Services”) published three proposed rules related to implementation of the Endangered Species Act...more

U.S. Fish and Wildlife Proposes Revisions to Eagle Permit Rules, Including General Permits for Qualifying Wind Energy Projects,...

On September 30, 2022 the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register of a proposed rule amending its regulations authorizing permits for eagle incidental take and eagle nest take....more

July 5 District Court Rulings Vacate ESA Provisions

On July 5, 2022, a federal court vacated three regulations implementing portions of the Endangered Species Act (“ESA”) related to interagency consultation, the prohibition of take of threatened species, and critical habitat...more

ESA Rules Changing under Biden-Harris Administration

As promised this summer, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“Services”) are working their way through their list of actions to revise, rescind or reinstate five Endangered...more

ESA Law Update: U.S. Fish and Wildlife Service and NMFS Extend Comment Period on Critical Habitat Regulations

On June 20, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (“Services”), the two federal agencies responsible for administering the Endangered Species Act (“ESA”), have announced that they will...more

Environmental Law Alert: FWS Extends Eagle "Take" Permit to 30 Years | What You Need to Know

It's official. On Friday, the U.S. Fish and Wildlife Service ("FWS") issued for public inspection a final rule to extend the maximum term for programmatic "take" permits under the Bald and Golden Eagle Protection Act ("Eagle...more

Environmental Law Alert: Oregon HB 3086 Allows Consideration of Off-Site Mitigation for Sage Grouse Habitat

Over 40 percent of the lands in Malheur County have been designated as core habitat for sage grouse by the Oregon Department of Fish and Wildlife ("ODFW"). Other counties in southeastern Oregon are also heavily affected....more

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