Many projects require federal incidental take authority due to impacts on species listed under the federal Endangered Species Act (“ESA”). Depending upon the species, this federal take authority is obtained either from the...more
On February 5, 2020, the National Marine Fisheries Service (NMFS) issued its 12-month finding on the petition to list summer-run steelhead in Northern California (Oncorhynchus mykiss irideus) as endangered under the...more
On February 6, 2018, the National Marine Fisheries Service (NMFS) announced an extension of the public comment period for the 5-year review of the endangered Western Distinct Population Segment (DPS) of the Steller sea Lion...more
Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two...more
8/26/2016
/ Administrative Procedure Act ,
Appeals ,
Dismissals ,
Endangered Species ,
Endangered Species Act (ESA) ,
Energy Projects ,
Energy Sector ,
Exclusive Jurisdiction ,
Federal Power Act ,
FERC ,
Hydropower ,
National Marine Fisheries Service
Whether dealing with water or with endangered species directly, there have been a numbers of recent developments that are worth keeping on your radar.
July 16, 2015 – The House of Representative, in a largely partisan...more
In Building Industry Association of the Bay Area v. U.S. Department of Commerce, a decision with significant implications for property owners, the building industry, and the development community at large, the U.S. Court of...more
While a number of Endangered Species Act (ESA) reform bills continue to wind their way through Congress (see our May 6, 2015 post), Monday, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS)...more
While decisions dealing with lawsuits alleging violations of section 7 or section 9 of the Endangered Species Act (ESA) are rather common, it is far less common for courts to address suits under section 10. In fact, in any...more
It depends. A recent decision out of the Federal Circuit tackled this very issue, and the court’s decision strongly suggests that a taking could arise under the right circumstances. (Filler v. U.S. (Fed. Cir. Mar. 10, 2015)...more
On November 5, 2014, the National Marine Fisheries Service issued a 12-month finding for the queen conch (Strombus gigas), concluding that the species prized for its meat and shell does not warrant listing because it is “not...more
On Friday, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service issued their final interpretation of the phrase "significant portion of its range" for the purposes of applying the Endangered...more
Yesterday, the National Marine Fisheries Service issued a notice of proposed rule to designate approximately 1,184 square miles of marine habitat in the Puget Sound as critical habitat for the threatened distinct population...more