The Ninth Circuit Court of Appeals recently invalidated a 2016 rule that required a 30-day notice to affected state fish and wildlife agencies prior to filing a petition to list a species as threatened or endangered under the...more
A federal court recently prohibited the U.S. Department of the Interior from approving any plans or permits for offshore fracking off the California coast until it complies with the Endangered Species Act (ESA) and the...more
In a unanimous decision with immediate repercussions for the administration of the Endangered Species Act (ESA), the U.S. Supreme Court held that an area is eligible for designation as critical habitat under the ESA only if...more
11/30/2018
/ Appeals ,
Conservation ,
Critical Habitat ,
Economic Impact Analysis ,
Endangered Species Act (ESA) ,
Judicial Review ,
Private Property ,
SCOTUS ,
Statutory Interpretation ,
US Fish and Wildlife Service ,
Weyerhaeuser Company v United States Fish and Wildlife Service
In the latest decision in the long-running legal saga over the proposed Newhall Ranch development in Los Angeles County, the U.S. Court of Appeals for the Ninth Circuit upheld the Army Corps of Engineers’ EIS and Section 404...more
10/17/2018
/ Appeals ,
Clean Water Act ,
Endangered Species Act (ESA) ,
Environmental Impact Report (EIR) ,
Navigable Waters ,
NEPA ,
Scientific Evidence ,
Section 404 ,
Standing ,
State Department of Fish and Wildlife ,
Stormwater Discharge Permits ,
US Army Corps of Engineers ,
Wastewater ,
Water Quality
The Washington Post last week reported a leaked White House document that revealed a far-reaching set of proposals to streamline the environmental review process for infrastructure projects. The 23-page document included more...more
2/1/2018
/ Clean Water Act ,
Construction Project ,
Department of Transportation (DOT) ,
Endangered Species Act (ESA) ,
Environmental Review ,
Exclusive Jurisdiction ,
Funding Requirements ,
Infrastructure ,
Judicial Review ,
Land-Use Permits ,
NEPA ,
Section 401 ,
Statute of Limitations
A forest products trade association has standing to challenge the critical habitat designation for the northern spotted owl, the U.S. Court of Appeals for the District of Columbia Circuit held in Carpenters Industrial Council...more