David Miller

David Miller

Nossaman LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

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

National Marine Fisheries Service Proposes Protection For Captive Killer Whale "Lolita" Under Endangered Species Act

The National Marine Fisheries Service (Service) recently announced a proposed amendment to the regulatory language of the Endangered Species Act (ESA) listing for the Southern Resident killer whale Distinct Population Segment...more

2/3/2014 - Endangered Species Endangered Species Act ESA Listings

U.S. Fish And Wildlife Service Announces Availability Of Draft Economic Analysis For Proposed Critical Habitat For Three Amphibian...

The U.S. Fish and Wildlife Service (Service) recently released its draft economic analysis (DEA) for its proposal to designate critical habitat for the Sierra Nevada yellow-legged frog (Rana sierrae), the northern distinct...more

1/16/2014 - Critical Habitat Endangered Species Act ESA Listings Fish and Wildlife Service

U.S. Fish And Wildlife Service Denies Listing For Rare Orchid

The U.S. Fish and Wildlife Service (Service) recently announced the completion of its status review of Coleman’s coralroot (Hexalectris colemanii), a species of orchid found in southeastern Arizona and southwestern New...more

12/26/2013 - Endangered Species Endangered Species Act Fish and Wildlife Service

House Natural Resources Committee To Hold Hearing On Department Of The Interior's 2011 Endangered Species Act Settlements

On Thursday, December 12, 2013, the House Natural Resources Committee (Committee) will hold a full committee oversight hearing (pdf) titled “ESA Decisions by Closed-Door Settlement: Short-Changing Science, Transparency,...more

12/11/2013 - Department of the Interior Endangered Species Act

Bureau Of Land Management Continues To Develop A National Greater Sage-Grouse Planning Strategy

The Bureau of Land Management (BLM) today issued a draft Oregon Greater Sage-Grouse Land Use Plan Amendment and Environmental Impact Statement (LUP Amendment/EIS) for the Oregon Sub-Region. Once finalized, the LUP...more

11/27/2013 - Bureau of Land Management Critical Habitat Endangered Species Endangered Species Act ESA Listings Habitat Conservation Plan

U.S. Fish And Wildlife Service Reopens Public Comment Period For Proposed Listing Of Gunnison Sage-Grouse

The U.S. Fish and Wildlife Service (Service) recently announced the reopening of the public comment periods for its January 11, 2013 proposed rules to list the Gunnison sage-grouse (Centrocercus minimus) as endangered under...more

11/14/2013 - Endangered Species Act ESA Listings Fish and Wildlife Service

U.S. Bureau Of Land Management Issues Draft Proposal To Protect Nevada And Northeast California Greater Sage-Grouse

On November 1, 2013, the U.S. Bureau of Land Management (BLM), as lead agency, and the U.S. Forest Service (Service), as cooperating agency, issued the Nevada and Northeast California Greater Sage-Grouse Draft Land Use Plan...more

11/5/2013 - Bureau of Land Management Environmental Impact Report Environmental Policies Forest Service

U.S. Fish And Wildlife Service Denies Endangered Species Act Protection For Ashy Storm-Petrel

Today, the U.S. Fish and Wildlife Service (Service) published its final determination that the ashy storm-petrel (Oceanodroma homochroa) does not warrant listing under the Endangered Species Act (ESA) at this time. The...more

10/23/2013 - Endangered Species Endangered Species Act Fish and Wildlife Service

U.S. Fish And Wildlife Service Lists Three Species In Texas And New Mexico As Threatened Or Endangered

The U.S. Fish and Wildlife Service (Service) recently listed the Jemez Mountains salamander (Piethodon neomexicanus) as endangered under the Endangered Species Act (ESA). The Service also recently published a final rule...more

9/30/2013 - Endangered Species Endangered Species Act Fish and Wildlife Service

Endangered Species Act Working Group To Hold Field Hearings In Wyoming And Montana

On August 22, 2013, U.S. Representative Cynthia Lummis (R-Wyo) and the Chairman of the House Natural Resources Committee, Doc Hastings (R-Wash), announced that the Congressional Endangered Species Act (ESA) Working Group will...more

8/28/2013 - Critical Habitat Economic Development Endangered Species Endangered Species Act Public Meetings

U.S. Fish And Wildlife Service Lists Two Species Of Salamanders And Proposes Listing Two Species Of Minnows Endemic To Texas

On August 19, 2013, the U.S. Fish and Wildlife Service (Service) announced its decision to list the Austin blind salamander (Eurycea waterlooensis) as endangered and the Jollyville Plateau salamander (Eurycea tonkawae) as...more

8/23/2013 - Endangered Species Endangered Species Act Fish and Wildlife Service

National Marine Fisheries Service Proposes Designating 36 Marine Areas As Critical Habitat For The Loggerhead Sea Turtle

The National Marine Fisheries Service (NMFS) recently issued a proposed rule designating critical habitat for the Northwest Atlantic Ocean loggerhead sea turtle Distinct Population Segment (DPS) (Caretta caretta) within the...more

8/7/2013 - Critical Habitat Endangered Species Endangered Species Act National Marine Fisheries Service

U.S. Fish And Wildlife Service Proposes Listing The Kentucky Glade Cress

The U.S. Fish and Wildlife Service (Service) recently published a proposed rule to list the Kentucky glade cress (Leavenworthia exigua var. laciniata) as threatened under the Endangered Species Act (ESA). ...more

7/2/2013 - Endangered Species Act ESA Listings Fish and Wildlife Service

34 Results
|
View per page
Page: of 2