Donald Baur

Donald Baur

Perkins Coie

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Final Endangered Species Act Policy Revises Definition of “Significant Portion of Its Range”

On July 1, 2014, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service jointly published a final policy providing their interpretation of the phrase ‘‘significant portion of its range,’’ which is part...more

7/3/2014 - ESA Final Rules Fish and Wildlife Service National Marine Fisheries Service Statutory Interpretation

Proposed Endangered Species Act Regulations Would Change Critical Habitat Rules

On May 12, 2014, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service jointly published two proposed regulations and a draft policy concerning critical habitat designations under the Endangered Species...more

5/14/2014 - Critical Habitat Endangered Species Endangered Species Act ESA Listings Fish and Wildlife Service

Bureau Of Indian Affairs Proposes Regulation To Allow Taking Of Land Into Trust For Tribes In Alaska

After decades of interpreting the Alaska Native Claims Settlement Act of 1971 (ANCSA) to preclude the federal government’s acquisition of land in trust for tribes in Alaska, on May 1, 2014, the Bureau of Indian Affairs...more

5/5/2014 - Bureau of Indian Affairs Native American Issues Tribal Lands Trusts

EPA And Corps Of Engineers Release Proposed Rule On Scope Of Waters Covered Under Clean Water Act That Would Significantly Expand...

On April 21, 2014, the Environmental Protection Agency and the Army Corps of Engineers jointly published a proposed rule to define those waters that fall under the jurisdiction of the Clean Water Act as “waters of the United...more

4/22/2014 - Clean Water Act EPA Jurisdiction US Army Corps of Engineers Waters of the United States

Federal Court Upholds First Offshore Oil And Gas Lease Sales After Gulf Oil Spill

On March 31, 2014, the U.S. District Court for the District of Columbia issued a memorandum opinion upholding the approval, by the Bureau of Ocean Energy Management, of the first oil and gas lease sales in the Gulf of Mexico...more

4/10/2014 - BOEM NEPA Oil & Gas

District Court Remands Offshore Wind Project For Failure To Comply With Endangered Species Act

In a decision that has been nearly thirteen years in the making, on March 14, 2014, the U.S. District Court for the District of Columbia ruled that the U.S. Fish and Wildlife Service and U.S. National Marine Fisheries Service...more

4/1/2014 - Endangered Species Act Offshore Wind Wind Power

Ninth Circuit Upholds 2008 Biological Opinion Restricting Operations Of California Water Projects

On March 13, the Ninth Circuit issued its long-awaited decision in the latest round of the delta smelt litigation, upholding the 2008 Biological Opinion prepared by the U.S. Fish & Wildlife Service for the combined operations...more

3/24/2014 - Endangered Species Act Fish and Wildlife Service Water

Fish And Wildlife Service Considers Increased Regulation Of Oil And Gas In Refuges

The U.S. Fish and Wildlife Service announced on February 24 that it will be developing proposed regulations to adopt a significantly more stringent approach to the management of oil and gas activities associated with any...more

3/3/2014 - Critical Habitat Fish and Wildlife Service Mineral Rights Oil & Gas

U.S. Fish And Wildlife Service Imposes First-Ever Criminal Penalties For Bird Deaths Caused By Wind Projects

The first criminal case ever prosecuted under the Migratory Bird Treaty Act (MBTA) against a wind energy company for bird deaths resulted recently in Duke Energy Renewables (Duke Energy) reaching a settlement with the U.S....more

12/3/2013 - Bird Fatalities DOJ Fish and Wildlife Service Migratory Bird Treaty Act Wind Power

EPA Moves To Expand Federal Clean Water Act Jurisdiction

The prolonged controversy over the Clean Water Act’s reach may be coming to a dramatic head. On September 17, 2013, the Environmental Protection Agency announced the release of a draft scientific report finding that all of...more

9/25/2013 - Clean Water Act Environmental Policies EPA Water Wetlands

Final Rule Issued On Economic Impact Analyses For Endangered Species Act Critical Habitat Designations

On August 28, 2013, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services) issued a final rule revising their regulations for analyzing the economic impacts of critical habitat designation...more

9/3/2013 - Critical Habitat Endangered Species Endangered Species Act Fish and Wildlife Service National Marine Fisheries Service

Second Circuit Holds That States May Tax Non-Indian Property On An Indian Reservation

On July 15, 2013, the United States Court of Appeals for the Second Circuit held that a state may impose a generally applicable personal-property tax on property owned by non-Indians but leased to an Indian tribe and used for...more

7/22/2013 - Bureau of Indian Affairs Leases Native American Issues Property Tax

BIA Proposes To Eliminate The Trust Land Acquisition Waiting Period

The Bureau of Indian Affairs (BIA) published a proposed rule in the Federal Register that, if adopted, will substantially alter the rights of those who would challenge a decision by the BIA to acquire land in trust for an...more

5/30/2013 - Bureau of Indian Affairs Indian Tribal Trusts Proposed Regulation Public Disclosure Tribal Governments Waiting Periods

BLM Issues Revised Proposed Fracking Regulations

The Bureau of Land Management (BLM) has issued a revised proposed rule for regulating hydraulic fracturing—or “fracking.” ...more

5/21/2013 - Bureau of Land Management Chemicals Disclosure Requirements Fracking Proposed Regulation

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