Katrina Diaz

Katrina Diaz

Nossaman LLP

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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

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

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

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

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

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

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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