James Lynch

James Lynch

K&L Gates LLP

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Latest Publications


Greater Sage-Grouse Avoids ESA Listing

The U.S. Fish and Wildlife Service (“Service”) announced on Tuesday, September 22, 2015, that it would not list the greater sage-grouse under the Endangered Species Act (“ESA”). This decision represents a change of direction...more

9/28/2015 - Bureau of Land Management Critical Habitat Department of the Interior ESA ESA Listings Forest Service Habitat Conservation Plan US Fish and Wildlife Service

Where You Operate Matters: the Fifth Circuit Widens the Split on MBTA Liability

Last week the Fifth Circuit issued a ruling that reduces uncertainty regarding criminal liability for taking migratory birds. In particular, the ruling alleviates potential liability for facilities where interactions with...more

9/16/2015 - Bird Fatalities Endangered Species Act Energy Sector Manufacturers Migratory Bird Treaty Act Oil & Gas Petroleum Power Plants

Eagles Back in the Nest: FWS 30-Year Eagle “Take” Rule Vacated Less than Two Years after Implementation

On August 11, 2015, the United States District Court for the Northern District of California struck down a U.S. Fish and Wildlife Service (the “Service”) regulation that increased the maximum duration of programmatic permits...more

9/4/2015 - Bald and Golden Eagle Protection Act Conservation Endangered Species Endangered Species Act Environmental Assessments Environmental Impact Report ESA ESA Listings NEPA US Fish and Wildlife Service

Greater sage-grouse and land use in the inter-mountain west

The greater sage-grouse—a ground-dwelling, chicken-like bird—has been the focus of controversy pitting conservation against energy development and ranching interests across the inter-mountain west. The greater sage-grouse’s...more

8/31/2015 - Bureau of Land Management Critical Habitat Endangered Species Endangered Species Act Environmental Impact Report ESA ESA Listings Federal Land Forest Service Habitat Conservation Plan Natural Resources Non-Profits Oil & Gas Private Property US Fish and Wildlife Service USDA

Bats in the Balance: Northern Long-Eared Bat Listing and Interim 4(d) Rule

The U.S. Fish and Wildlife Service (“Service”) recently listed the northern long-eared bat (the “Bat”) as a “threatened” species under the U.S. Endangered Species Act (“ESA”) and issued an interim “species-specific” rule...more

5/8/2015 - Endangered Species Act ESA Listings Takings US Fish and Wildlife Service

Will U.S. Export-Import Bank Financing of Australian LNG Projects be Cast Adrift on the “High Seas” by the Endangered Species Act?

We have previously reported on cases in which opponents to energy projects continue to expand their challenges to include not just direct sponsors of the projects, but their financial supporters as well. In particular, we...more

4/7/2015 - Australia Endangered Species Act Energy Projects Energy Sector Export-Import Bank of the US Liquid Natural Gas Oil & Gas Project Finance

Critical Habitat and the Endangered Species Act: Proposed Revisions to Fundamental Regulatory Concepts

On May 12, 2014, the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (collectively, the “Services”) issued notices of proposed rules and a proposed policy related to the designation of...more

8/19/2014 - Clean Water Act Critical Habitat ESA National Marine Fisheries Service Permits Proposed Regulation US Army Corps of Engineers US Fish and Wildlife Service

EPA and the Army Corps Propose Rules Expanding Clean Water Act Jurisdiction, Potentially Affecting Everyone Who Uses Lands Where...

On March 25, 2014, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a long-awaited proposed rulemaking that would redefine the scope of their shared jurisdiction...more

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

The New 2013 Eagle Conservation Plan Guidance: Certainty for the Industry or Dust in the Wind?

The new Eagle Conservation Plan Guidance issued by the U.S. Fish & Wildlife Service (“FWS”) presents an interesting question for wind project developers and operators – does it really provide greater certainty and reduce...more

5/30/2013 - Bird Fatalities Renewable Energy State Department of Fish and Wildlife Wind Power

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