Katrina Diaz

Katrina Diaz

Nossaman LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Oxnard Union High School District to Acquire Nearby Church Property

The Oxnard Union High School District began Eminent Domain procedures to acquire property owned by the Church of Jesus Christ of Latter-day Saints. The property is required for construction of a right-turn lane for the new...more

7/9/2014 - Eminent Domain Takings

U.S. Fish and Wildlife Service Downgrades Wood Stork From Endangered to Threatened

The U.S. Fish and Wildlife Service (Service) issued a final rule reclassifying the U.S. breeding population of the wood stork (Mycteria americana) from endangered to threatened. According to the Service, when the wood...more

7/7/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

U.S. Fish and Wildlife Service Lists the New Mexico Jumping Mouse as Endangered

The U.S. Fish and Wildlife Service (Service) issued a final rule listing the New Mexico meadow jumping mouse (Zapus hudsonius luteus) as endangered under the Endangered Species Act. The jumping mouse is a small mammal...more

6/13/2014 - Endangered Species Act ESA Listings Final Rules Fish and Wildlife Service

Two Plant Species May Find Protection Under The Endangered Species Act

The U.S. Fish and Wildlife Service (Service) has issued a final rule listing the Kentucky Glade Cress (Leavenworthia exigua var. laciniata) as threatened species under the Endangered Species Act (ESA). The Kentucky Glade...more

5/19/2014 - ESA ESA Listings Final Rules Fish and Wildlife Service Proposed Regulation

Natural Resources Committee Discusses Endangered Species Act Reform

Earlier this week, the House Natural Resources Committee held a hearing to discuss Endangered Species Act (ESA) reform. The hearing focused on four bills that seek to require data and spending transparency under the ESA....more

4/15/2014 - ESA Litigation Fees & Costs Transparency

Proposed Bill Seeks To Require Federal Agencies To Count Species On State, Tribal, And Private Lands Before Listing The Species...

Republican Congressman Chris Stewart (UT) recently introduced a bill that would amend the Endangered Species Act (ESA) to require federal wildlife agencies to include the number of species found on state, tribal, and private...more

3/24/2014 - Endangered Species Act ESA Listings Tribal Lands

U.S. Fish And Wildlife Service Lists Two Texas Salamanders As Threatened

The U.S. Fish and Wildlife Service (Service) issued a final rule listing the Georgetown salamander (Eurycea naufragia) and the Salado salamander (Eureycea chisholmensis) as threatened under the Endangered Species Act (ESA)....more

2/28/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

City of Bakersfield Secures Early Release of $180 million in Federal Funding for Centennial Corridor and 24th Street Widening...

The City of Bakersfield can now purchase property in the path of the Centennial Corridor Project between the Westside Parkway and Highway 58. Under the early acquisition federal program, the City of Bakersfield may purchase...more

2/28/2014 - Public Projects Urban Planning & Development

Congressional Working Group Seeks Reform Of The Endangered Species Act

Members of the Endangered Species Act (ESA) Congressional Working Group recently released a final report asserting that the ESA “is not working” and providing four recommendations for improvement....more

2/13/2014 - Endangered Species Act Legislative Agendas

Government Need Not Satisfy Nexus and Proportionality Tests if Dedication Requirement Does Not Otherwise Constitute a Taking

Landowners routinely have to give up something in return for a government agency’s granting a discretionary permit. However, there are limits, as the government agency cannot typically demand conditions that are not...more

1/29/2014 - Dolan v City of Tigard Eminent Domain Nexus Nollan v California Coastal Commission Permits Proportionality SCOTUS Takings

U.S. Fish And Wildlife Service Seeks Proposals Under Section 6 Of The ESA For Federal Financial Assistance

The U.S. Fish and Wildlife Service (Service) is seeking proposals from states or territories for federal grants from the Cooperative Endangered Species Conservation Fund (Fund) for voluntary conservation projects that benefit...more

1/29/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

U.S. Fish And Wildlife Service Affirms Listing Of The White Bluffs Bladderpod

The U.S. Fish and Wildlife Service (Service) recently affirmed its decision to list the White Bluffs bladderpod (Physaria douglasii subsp. tuplashensis) as threatened under the Endangered Species Act (ESA). The Service also...more

1/10/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

Committee Recommends Delisting Yellowstone Grizzly Bear

Last week, the Interagency Grizzly Bear Committee, a panel consisting of federal, state, local, and tribal representatives, recommended that the U.S. Fish and Wildlife Service (Service) remove the grizzly bear (Ursus arctos...more

12/24/2013 - Endangered Species Endangered Species Act ESA Listings Fish and Wildlife Service

Oversight Of Pesticide Ingredients May Trigger A Duty To Consult Under The Endangered Species Act

In Center for Biological Diversity v. Environmental Protection Agency, No. 11-cv-00293, plaintiffs sued the Environmental Protection Agency (EPA), alleging that EPA’s oversight of pesticide ingredients, including trifluralin,...more

12/13/2013 - Duty To Consult Endangered Species Act EPA ESA Listings National Marine Fisheries Service Pesticides

National Marine Fisheries Service Considers Listing The Pinto Abalone Under The Endangered Species Act

The National Marine Fisheries Service (NMFS) published a 90-day finding (pdf) on two petitions to list the pinto abalone (Haliotis kamtschatkana) as threatened or endangered under the Endangered Species Act (ESA) and...more

11/26/2013 - Endangered Species Endangered Species Act ESA Listings National Marine Fisheries Service

U.S. Fish And Wildlife Service Proposes Delisting The Inyo California Towhee

On November 4, 2013, the U.S. Fish and Wildlife Service (Service) published a proposed rule to remove the Inyo California towhee (Pipilo crissalis eremophilus) from the list of threatened and endangered species under the...more

11/13/2013 - Endangered Species Endangered Species Act ESA Listings Fish and Wildlife Service

U.S. Fish And Wildlife Service Proposes Listing The Greater Sage Grouse Under The Endangered Species Act

On October 28, 2013, the U.S. Fish and Wildlife Service (Service) published a proposed rule to list the California and Nevada populations of the greater sage grouse (Centrocercus urophasianus) as threatened under the...more

10/31/2013 - Endangered Species Endangered Species Act ESA Listings Fish and Wildlife Service

U.S. Fish And Wildlife Service Proposes To List Two Flower Species As Endangered

On October 3, 2013, the U.S. Fish and Wildlife Service (Service) published a proposed rule to list the Florida Brickell-bush (Brickellia mosieri) and Carter’s Small-flowered Flax (Linum carteri var carteri) as endangered...more

10/16/2013 - Endangered Species Act Fish and Wildlife Service Listing Standards

U.S. Fish And Wildlife Service Proposes Listing The Rufa Red Knot As Threatened Under The Endangered Species Act

The U.S. Fish and Wildlife Service (Service) recently proposed listing the rufa red knot (Calidris canutus rufa) as threatened under the Endangered Species Act. The red knot is a medium-sized shorebird about 9 to 11 inches in...more

10/8/2013

Court Of Appeals Holds Claims Against The U.S. Fish And Wildlife Service For Failure To Comply With The Endangered Species Act Are...

On August 20, 2013, the U.S. Court of Appeals for the District of Columbia held (pdf) that appellants’ claims against the U.S. Fish and Wildlife Service (Service) for an alleged failure to take certain actions under the...more

9/11/2013 - Endangered Species Endangered Species Act Fish and Wildlife Service Mootness

District Court Holds Claims Under Section 10 Of The Endangered Species Act Do Not Require 60-Day Notice Of Intent To Sue

On July 22, 2013, the U.S. District Court for the Western District of Washington held that plaintiffs’ claims regarding the U.S. Fish and Wildlife Service’s (Service) alleged violation of section 10 of the Endangered Species...more

8/8/2013 - Administrative Procedure Act Endangered Species Endangered Species Act Notice of Intent Notice Requirements

U.S. Fish And Wildlife Service Proposes Delisting The Gray Wolf

On June 13, 2013, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to delist the gray wolf (Canis lupus) under the Endangered Species Act (ESA) throughout the United States and Mexico....more

6/25/2013 - Endangered Species Endangered Species Act Fish and Wildlife Service Proposed Regulation

Temporary Regulatory Takings Do Exist in California!

Given the maze of procedural and substantive hurdles involved, property owners rarely succeed with regulatory takings claims. Even when owners do win, it is yet more uncommon for courts to award damages, instead allowing the...more

5/17/2013 - Conditional Use Permit Damages Liability Takings

National Marine Fisheries Service Proposes A Merger Of Its West Coast Regions

The National Marine Fisheries Service (NMFS) recently proposed merging its Southwest and Northwest administrative regions, which would result in a savings of $3 million annually in management costs. NMFS is a component of the...more

5/2/2013 - Mergers National Marine Fisheries Service

U.S. Fish And Wildlife Service Proposes To Designate Almost 740 Miles Of Critical Habitat For The Loggerhead Sea Turtle

On March 25, 2013, the U.S. Fish and Wildlife Service (Service) published a proposed rule to designate critical habitat for the Northwest Atlantic Ocean Distinct Population Segment of the loggerhead sea turtle (Caretta...more

4/2/2013 - Critical Habitat Endangered Species Act Fish and Wildlife Service

38 Results
|
View per page
Page: of 2