David Miller

David Miller

Nossaman LLP

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Ninth Circuit Holds Critical Habitat Designations Not Subject to Cost-Benefit Analysis

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

7/13/2015 - Administrative Procedure Act Conservation Construction Industry Critical Habitat Land Developers National Marine Fisheries Service Popular Real Estate Development U.S. Commerce Department

Ninth Circuit Holds Critical Habitat Designations Not Subject to Cost-Benefit Analysis

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

7/10/2015 - Administrative Procedure Act Cost-Benefit Analysis Critical Habitat Economic Impact Analysis Endangered Species Act National Marine Fisheries Service

DC Circuit Holds Groups Lack Standing to Challenge Two Controversial U.S. Fish and Wildlife Service Settlement Agreements

On Tuesday, May 26, 2015, the U.S. Court of Appeals for the District of Columbia Circuit rejected the National Association of Home Builders’ and three other associations’ (collectively, NAHB) challenge to separate settlements...more

5/29/2015 - Fish and Wildlife Service National Association of Home Builders Standing

National Defense Authorization Act Would Restrict Federal Greater Sage-Grouse Protections

On April 27, 2015, the Chairman of the House Armed Services Committee, released the text of the National Defense Authorization Act (Act), including language that would ban the U.S. Fish and Wildlife Service (Service) from...more

5/1/2015 - Endangered Species ESA Listings Fish and Wildlife Service NDAA

Northern Long-Eared Bat Listed as Threatened

On April 2, 2015, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the northern long-eared bat (Myotis septentrionalis) as threatened under the Endangered Species Act (ESA). The Service determined...more

4/10/2015 - Endangered Species Act ESA Listings Final Rules Fish and Wildlife Service

California Supreme Court Establishes the Standard of Review for the Unusual Circumstances Exception to CEQA Categorical Exemptions...

Breathing life into the use of CEQA categorical exemptions, on March 2, 2015, the California Supreme Court held that a reasonable possibility that a project may result in significant effects on the environment alone is not...more

3/6/2015 - Berkeley Hillside v City of Berkeley CA Supreme Court Categorical Exemptions CEQA Environmental Impact Report Exemptions Single Family Housing

National Marine Fisheries Service Considering Revision to Critical Habitat Designation for Southern Resident Killer Whales

On February 24, 2015, the National Marine Fisheries Service (NMFS) announced a 12-month finding on the Center for Biological Diversity’s (CBD) petition to revise the critical habitat designation for the Southern Resident...more

3/4/2015 - Center for Biological Diversity Critical Habitat Endangered Species Act National Marine Fisheries Service

Endangered Species Act Roundup: More Rules

Last week, the U.S. Fish and Wildlife Service (Service) published three new rules, continuing its flurry of activity from December.  January 16, 2015 – The Service issued a final rule listing the Mexican wolf (Canis...more

1/26/2015 - Endangered Species Act ESA Listings Fish and Wildlife Service New Regulations

National Marine Fisheries Service Lists Five Species of Sawfish as Endangered

The National Marine Fisheries Service (Service) recently published its final rule listing five species of sawfish as endangered under the Endangered Species Act (ESA). The final rule contains the Service’s determination that...more

12/23/2014 - Endangered Species Endangered Species Act ESA Listings Final Rules National Marine Fisheries Service

National Marine Fisheries Service Issues Biological Opinion for Army Corps of Engineers’ Nationwide Permit Program

On November 24, 2014, the National Marine Fisheries Service (Service) issued a new Biological Opinion (BiOp) for the U.S. Army Corps of Engineers’ (Corps) Nationwide Permit Program under the Clean Water Act. The BiOp...more

12/8/2014 - Clean Water Act Endangered Species Act National Marine Fisheries Service Nationwide Permits US Army Corps of Engineers

U.S. Fish and Wildlife Service Proposes to List African Lions as Threatened

The U.S. Fish and Wildlife Service (Service) recently announced that it is proposing to list the African lion (Pantera leo leo) as threatened under the Endangered Species Act (ESA). The proposed listing is the result of a...more

10/29/2014 - Endangered Species Act ESA ESA Listings Fish and Wildlife Service

U.S. Fish and Wildlife Service Proposes to List 23 Mariana Island Species as Threatened or Endangered

The U.S. Fish and Wildlife Service (Service) has published a proposed rule to list 21 species as endangered and 2 species as threatened under the Endangered Species Act (ESA). Of the 21 species the Service proposes to list as...more

10/8/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

U.S. Fish and Wildlife Service Extends Protection for Canada Lynx

On Friday, the U.S. Fish and Wildlife Service (Service) issued a final rule revising the critical habitat designation for the contiguous United States distinct population segment (DPS) of the Canada lynx (Lynx canadensis) and...more

9/17/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

Fifth Circuit Holds that the Army Corps of Engineers' Jurisdictional Determination Does Not Constitute a Reviewable "Final Agency...

On July 30, 2014, the United States Court of Appeals for the Fifth Circuit held that the issuance of a jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) is not a final agency action subject to...more

8/14/2014 - Administrative Procedure Act Clean Water Act Jurisdiction US Army Corps of Engineers Water

U.S. Fish and Wildlife Service Withdraws Proposal to List North American Wolverine as Threatened

The U.S. Fish and Wildlife Service (Service) announced today that it is withdrawing its proposal to list the North American wolverine (Gulo gulo luscus) as threatened under the Endangered Species Act (ESA). The decision to...more

8/13/2014 - Endangered Species Endangered Species Act ESA Listings Fish and Wildlife Service

U.S. Fish and Wildlife Service Proposes Credit Program for At-Risk Species

The U.S. Fish and Wildlife Service (Service) recently announced a proposed policy establishing credits for voluntary prelisting conservation actions for imperiled species. The policy is intended to establish an additional...more

7/23/2014 - ESA ESA Listings Fish and Wildlife Service Proposed Regulation Voluntary Standards

U.S. Fish and Wildlife Service Considers Listing the Humboldt Marten

The U.S. Fish and Wildlife Service (Service) recently announced that it will be conducting a 12-month status review for the Humboldt marten (Martes americana humboldtensis) to determine whether to list the species as...more

7/1/2014 - ESA ESA Listings Fish and Wildlife Service

U.S. Fish And Wildlife Service Ordered To Complete Recovery Plan For Canada Lynx

Recently, the United States District Court for the District of Montana ordered the U.S. Fish and Wildlife Service (Service) to develop a timeline for completion of recovery planning for the Canada lynx (Lynx canadensis). ...more

5/22/2014 - Endangered Species Endangered Species Act ESA Listings Fish and Wildlife Service

California Fish And Game Commission Delays Listing Decision For Gray Wolf

The Los Angeles Times reports that the California Fish and Game Commission (Commission) unanimously voted to postpone a decision on whether to list the gray wolf (Canis lupus) under the California Endangered Species Act...more

4/18/2014 - California Endangered Species Act Department of Fish & Game

U.S. Fish And Wildlife Service Announces Listing Of Lesser Prairie-Chicken

Yesterday, the U.S. Fish and Wildlife Service (Service) announced the final listing of the lesser prairie-chicken (Tympanuchus pallidicinctus) as threatened under the Endangered Species Act (ESA). The Service identified...more

3/31/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

9th Circ. Reminds BOEM About The Importance Of Evidence

On Jan. 22, 2014, the Ninth Circuit held that the final environmental impact statement ("FEIS") and supplemental environmental impact statement ("SEIS") regarding the effects of proposed leases for oil and gas development in...more

3/12/2014 - BOEM Environmental Impact Report Environmental Policies Evidence NEPA

U.S. Fish And Wildlife Service Proposes Delisting Two Death Valley Plant Species

The U.S. Fish and Wildlife Service (Service) recently issued a proposed rule to remove Eureka Valley evening-primrose (Oenothera avita ssp. eurekensis) and Eureka dune grass (Swallenia alexandrae) from the federal list of...more

3/4/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

U.S. Fish And Wildlife Service To Analyze Stakeholder Plan For Lesser Prairie-Chicken

The U.S. Fish and Wildlife Service (Service) announced that it will prepare an Environmental Impact Statement (EIS) on a proposed application for an Incidental Take Permit (ITP), including a Habitat Conservation Plan (HCP),...more

2/11/2014 - Critical Habitat ESA Listings Fish and Wildlife Service Habitat Conservation Plan Incidental Take Permits

Ninth Circuit Finds Environmental Document for Chukchi Sea Lease Sale Violates NEPA

On January 22, 2014, the United States Court of Appeals for the Ninth Circuit held that the Final Environmental Impact Statement ("FEIS") and Supplemental Environmental Impact Statement ("SEIS") regarding the effects of...more

2/4/2014 - BOEM Environmental Impact Report Environmental Policies NEPA Offshore Drilling Oil & Gas

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