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Katrina Diaz

Katrina Diaz

Nossaman LLP


Latest Publications

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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 Taking

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

U.S. District Court Denies Motion To Limit ESA Claims To Administrative Record

In Conservation Congress v. U.S. Forest Service, No. CIV. 2:12-02416 (E.D. Cal. Feb. 26, 2013), the United States District Court for the Eastern District of California denied a motion brought by the U.S. Forest Service and...more

3/11/2013 - Endangered Species Act NEPA

U.S. Fish And Wildlife Service Issues Proposed Rule To List Zuni Bluehead Sucker As Endangered

On January 25, 2013, the United States Fish and Wildlife Service (Service) published a proposed rule to list the Zuni bluehead sucker (Catostomus discobolus yarrowi) as endangered under the Endangered Species Act (ESA). The...more

2/1/2013 - Critical Habitat Department of Fish and Wildlife Endangered Species Act ESA Listings

California Department Of Fish And Wildlife Recommends Listing Northeastern Pacific Population Of White Sharks As Endangered Or...

The California Department of Fish and Wildlife (Department) has determined that there is sufficient scientific information to petition to list the Northeastern Pacific (NEP) population of white sharks (Carcharodon carcharias)...more

1/13/2013 - Department of Fish and Wildlife Endangered Species Act ESA Listings

A Victory for Water Users in Siskiyou County

Water users in Siskiyou County have avoided an additional hurdle to exercising their valid water rights, according to the Siskiyou County Superior Court. On December 24, 2012, Judge Karen L. Dixon held that the legislature...more

1/10/2013 - Department of Fish and Wildlife Endangered Species Act ESA Listings Water Diversion Water Rights

The U.S. Fish And Wildlife Service Proposes To Downlist The Status Of The Wood Stork From Endangered To Threatened

On Tuesday, December 18, 2012, the U.S. Fish and Wildlife Service (Service) proposed upgrading the status of the wood stork (Mycteria americana) from endangered to threatened under the Endangered Species Act (ESA). The...more

12/18/2012 - Department of Fish and Wildlife Endangered Species Act

Double-Take: Two Recent CEQA Cases Illustrate the Perils of Deferred Mitigation

In October 2012, two California Courts of Appeal reached opposite conclusions regarding the deferral of mitigation under the California Environmental Quality Act (CEQA). The cases illustrate the difficulties project...more

12/6/2012 - CEQA Environmental Impact Report Habitat Conservation Plan Mitigation Noise Complaints

NMFS Considers Delisting A Distinct Population Segment Of The Southern Resident Killer Whale

On November 26, 2012, the National Marine Fisheries Service (NMFS or the Service) accepted a petition to delist a distinct population segment (DPS) of the Southern Resident killer whales, which is currently listed as...more

12/5/2012 - Distinct Population Segment Endangered Species Act National Marine Fisheries Service

The U.S. Fish And Wildlife Service Proposes Listing The Lesser Prairie-Chicken As Threatened

On November 30, 2012, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to list the lesser prairie-chicken (Tympanuchus pallidicinctus) as threatened under the Endangered Species Act (ESA). While voluntary...more

12/5/2012 - Bureau of Land Management Department of Fish and Wildlife Endangered Species Act

Free-Market Habitat Plan As An Alternative To Avoid Listing Of Lesser Prairie Chicken Under The Endangered Species Act

On November 5, 2012, the Environmental Defense Fund (EDF) sent a letter to the U.S. Fish and Wildlife Service (Service) encouraging the Service to consider an innovative approach to support conservation of the lesser prairie...more

11/28/2012 - Critical Habitat Endangered Species Act

Current Adminstration Agrees To Vacate Almost 4 Million Acres Of Critical Habitat For The Marbled Murrelet In The Face Of...

On Tuesday October 24, 2012, several conservation groups wrote a letter to President Obama expressing concerns about an agreement that the Obama Administration entered into with the American Forest Resource Council, Carpenter...more

11/6/2012 - Critical Habitat Department of Fish and Wildlife Endangered Species Act Obama Administration

Governor Signs Legislation Amending Fish and Game Code in Response to Input from Strategic Vision Process

On September 25, 2012, Governor Jerry Brown signed Assembly Bill 2402 and Senate Bill 1148, which make a number of changes to the Fish and Game Code, into law. AB 2402 was sponsored by Assemblyman Jared Huffman and SB 1148...more

10/15/2012 - Department of Fish and Wildlife Funding Permits Strategic Vision Process

Ninth Circuit Declines to Apply EIS Requirements to an EA

On September 20, 2012, the Ninth Circuit rejected a challenge mounted under both NFMA and NEPA to the validity of the Angora Fire Restoration Project. See Earth Island Institute v. U.S. Forest Service, No. 11-16718, slip op....more

10/9/2012 - Environmental Assessments Environmental Impact Report Forest Service NEPA NFMA Wildfires

Fish And Wildlife Service Lists 23 Oahu Species And Designates Over 40,000 Acres As Critical Habitat

On September 17, 2012, the U.S. Fish and Wildlife Service announced that it had issued a final rule listing 23 species native to the Hawaiian island of Oahu as threatened or endangered under the Endangered Species Act. The...more

9/20/2012 - Department of Fish and Wildlife Endangered Species Act

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