Donald Baur

Donald Baur

Perkins Coie

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U.S. Fish and Wildlife Service Updates Native American Tribe Policy

The U.S. Fish and Wildlife Service announced an updated Native American policy on January 27, 2016, which provides a framework for government-to-government relationships to further the federal government’s trust...more

3/24/2016 - Conservation Endangered Species Endangered Species Act Native American Issues Tribal Lands US Fish and Wildlife Service

Ninth Circuit Reinstates Polar Bear Habitat Designation, ESA Implications for the West

In a decision that could result in significant new restrictions on development activities in the Arctic as well as set important Endangered Species Act (ESA) precedent in the Western United States, the U.S. Court of Appeals...more

3/18/2016 - Critical Habitat Endangered Species Endangered Species Act ESA Listings Habitat Conservation Plan US Fish and Wildlife Service

FWS Proposes Revisions to Development Mitigation Policy

The U.S. Fish and Wildlife Service (FWS) published draft revisions on March 8, 2016 to its 1981 Mitigation Policy for mitigating the impacts of development projects to natural resources. See Proposed Revisions to the U.S....more

3/17/2016 - Conservation Construction Industry Endangered Species Act Mitigation Natural Resources Real Estate Development Urban Planning & Development US Fish and Wildlife Service

New Critical Habitat Regulations Published Under the Endangered Species Act

On February 11, 2016, the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service jointly published final regulations and a final policy addressing critical...more

2/17/2016 - Critical Habitat Endangered Species Act Habitat Conservation Plan National Marine Fisheries Service US Fish and Wildlife Service

Sonoran Desert Tortoise Not Endangered or Threatened Says FWS

The United States Fish and Wildlife Service determined on October 5, 2015 that the Sonoran Desert Tortoise, found primarily in Arizona, does not qualify as either an endangered or threatened species under the Endangered...more

10/7/2015 - Bureau of Reclamation Critical Habitat Customs and Border Protection Endangered Species Endangered Species Act ESA Forest Service Land Developers National Park Service Natural Resources US Fish and Wildlife Service

Birds of a Feather: The 5th Circuit Joins the 8th and 9th Circuits’ Narrow View of the MBTA’s Take Prohibition

On September 4, 2015, the U.S. Court of Appeals for the Fifth Circuit held in United States v. CITGO Petroleum Co. that the Migratory Bird Treaty Act’s take prohibition does not include the unintentional take of migratory...more

9/11/2015 - Bird Fatalities DOJ Endangered Species Act Energy Sector Migratory Bird Treaty Act Oil & Gas Refineries Settlement Agreements US Fish and Wildlife Service

Federal District Court Strikes Down Eagle Act Rule

On August 11, 2015, the U.S. District Court for the Northern District of California struck down the U.S. Fish and Wildlife Service’s so-called “30-Year Rule,” which had extended from 5 years to 30 years the duration of...more

8/18/2015 - Bald and Golden Eagle Protection Act Conservation Department of the Interior Endangered Species Endangered Species Act Energy Sector Environmental Assessments Environmental Impact Report Migratory Bird Treaty Act NEPA Renewable Energy State Department of Fish and Wildlife Wind Power

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 US Fish and Wildlife Service

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 US Fish and Wildlife Service Water

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 National Marine Fisheries Service US Fish and Wildlife Service

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