Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape...more
8/1/2024
/ Bald and Golden Eagle Protection Act ,
Clean Water Act ,
Endangered Species Act (ESA) ,
Energy Projects ,
Environmental Policies ,
Federal Land ,
Greenhouse Gas Emissions ,
Natural Resources ,
NEPA ,
Permits ,
Webinars
On March 9, the U.S. Fish and Wildlife Service (Service) issued its 12-month finding that listing Joshua trees (Yucca brevifolia and Y. jaegeriana) as endangered or threatened species under the Endangered Species Act (ESA) is...more
The U.S. Fish and Wildlife Service (Service) recently announced its finding that three salamander species do not warrant listing as endangered or threatened species under the Endangered Species Act (ESA). ...more
The U.S. District Court for the District of Montana has approved a partial settlement between the Center for Biological Diversity (CBD) and the U.S. Fish and Wildlife Service (Service) requiring that the Service complete and...more
12/17/2019
/ Administrative Review ,
Center for Biological Diversity ,
Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Recovery Plans ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Settlement Agreements ,
US Fish and Wildlife Service
Acting Secretary of the U.S. Department of the Interior, David Bernhardt, recently announced that the U.S. Fish and Wildlife Service (Service) will publish a proposed rule removing federal protections under the Endangered...more
3/13/2019
/ Conservation ,
Delisting ,
Deregulation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Reform ,
Trump Administration ,
US Fish and Wildlife Service
The U.S. Fish and Wildlife Service (Service) has proposed (pdf) to designate approximately 12.28 acres of critical habitat for the Sonoyta mud turtle (Kinosternon sonoriense longifemorale) in Pima County, Arizona. The...more
The last several days have seen a flurry of activity in the federal courts in matters involving the Endangered Species Act (ESA)...more
10/3/2018
/ Appeals ,
Conservation ,
Critical Habitat ,
Delisting ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Final Rules ,
Habitat Conservation Plan ,
Native American Issues ,
Tribal Governments ,
Tribal Lands ,
US Fish and Wildlife Service ,
Vacated ,
Weyerhaeuser Company v United States Fish and Wildlife Service
The U.S. House of Representatives recently passed the “Endangered Salmon and Fisheries Predation Prevention Act” (Act) (H.R. 2083), co-sponsored by Rep. Jaime Herrera Beutler (R-WA) and Rep. Kurt Schrader (D-OR), allowing for...more
The U.S. Fish and Wildlife Service (Service) has requested public comment on its revised Mitigation Policy and the Endangered Species Act Compensatory Mitigation Policy (ESA-CMP)....more
On August 9, 2017, the National Marine Fisheries Service (NMFS) issued a 12-month finding on a petition to list the Pacific bluefin tuna (Thunnus orientalis) as an endangered or threatened species under the Endangered Species...more
On May 31, 2017, the National Marine Fisheries Service (NMFS) issued proposed revised guidance for the development of recovery plans as required by the Endangered Species Act (ESA). The proposal is aimed at prioritizing...more
On March 29, 2017, the U.S. Court of Appeals for the Tenth Circuit held that Congress has authority under the Commerce Clause to regulate the take of the Utah prairie dog (Cynomys parvidens). Because Congress has this...more
Two noteworthy cases have recently been issued by the Ninth Circuit Court of Appeals and the U.S. District Court for the Northern District of California. The two cases address: (1) the interplay between the Federal...more
2/10/2017
/ Administrative Procedure Act ,
Center for Biological Diversity ,
Chemicals ,
Department of the Interior ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
FIFRA ,
National Marine Fisheries Service ,
Pesticides ,
Privileged Documents ,
US Fish and Wildlife Service
The National Marine Fisheries Service (NMFS) recently completed its review of the status of eastern North Pacific harbor seals (Phoca vitulina richardii) in Iliamna Lake, Alaska, a large freshwater lake in Alaska connected to...more
On September 27, 2016, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Agencies) published a final rule that revises the regulations governing the Endangered Species Act’s (ESA) petition process. ...more
The U.S. Fish and Wildlife Service (Service) published a final rule removing the San Miguel Island fox (Urocyon littoralis littoralis), Santa Rosa Island fox (U. l. santarosae), and Santa Cruz Island fox (U. l. santacruzae)...more
The U.S. Fish and Wildlife Service (Service) published an interim rule (pdf) revising its civil procedure regulations for the assessment of civil penalties for violations of various laws and regulations within the Service’s...more
7/1/2016
/ Bald and Golden Eagle Protection Act ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Environmental Violations ,
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 ,
Hunting ,
Interim Rule ,
Lacey Act ,
Penalties ,
US Fish and Wildlife Service
This week, two congressional committees are holding three separate hearings on issues related to the Endangered Species Act (ESA). On April 19, the House Committee on Natural Resources will hold an oversight hearing entitled...more
On March 8, 2016, the U.S. Fish and Wildlife Service (Service) announced proposed revisions to its Mitigation Policy that has guided Service recommendations on mitigating the adverse impacts of development on fish, wildlife,...more
Arizona Sen. Jeff Flake (R) and Rep. Matt Salmon (R) recently introduced a bill that would remove several western states from the United States Court of Appeals for the Ninth Circuit and move them to a proposed, to-be-created...more
On September 15, 2015, the U.S. Fish and Wildlife Service (Service) published (pdf) its 12-month finding on a petition to list the New England cottontail (Sylvilagus transitionalis) as an endangered or threatened species...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
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
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
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