Kelly Percival

Kelly Percival

Nossaman LLP

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Two Final Rules Designate One of Largest Critical Habitat Areas in History

On Wednesday, two final rules were released designating critical habitat for the loggerhead sea turtle (Caretta caretta), a species listed as endangered under the Endangered Species Act (ESA). Together, the rules represent...more

7/14/2014 - Critical Habitat ESA ESA Listings Final Rules

Supreme Court Strikes Part of EPA Rule Regulating Greenhouse Gases, Affirms Balance of Rule

In a 5-4 decision, the U.S. Supreme Court held that EPA acted unlawfully when it sought to impose a permit requirement on stationary sources solely on the basis of greenhouse gas emissions from those sources under programs...more

6/24/2014 - Carbon Emissions Clean Air Act EPA Greenhouse Gas Emissions Power Plants SCOTUS Utility Air Regulatory Group v EPA

State Governors Urge the Federal Government to Defer to State Conservation Efforts When Deciding Whether to List a Species Under...

Last week, the bipartisan Western Governors' Association (WGA) adopted a resolution urging the federal government to defer to state conservation efforts and to prioritize funding to avoid new listings under the federal...more

6/17/2014 - Endangered Species Endangered Species Act Fish and Wildlife Service

North Carolina District Court Enjoins Coyote Hunting In Five North Carolina Counties

On May 7, 2014, a U.S. District Court for the Eastern District of North Carolina enjoined coyote hunting in five North Carolina counties that provide a recovery area for the red wolf (Canis rufus), a species listed as...more

5/20/2014 - Endangered Species Endangered Species Act ESA Listings

House Natural Resources Committee Sends Four ESA Reform Bills To The House Floor

After a heated markup hearing on Wednesday, the House Natural Resources Committee voted to send four bills that would amend the Endangered Species Act (ESA) to the floor of the U.S. House of Representatives. ...more

5/2/2014 - Endangered Species Act Natural Resources

District Court Holds That The Incidental Take Statement Requirement Under Section 7 Of The Endangered Species Act Does Not Apply...

Last Thursday, a U.S. District Court for the Northern District of California held that the incidental take requirements in section 7 of the Endangered Species Act (ESA) do not apply to listed plant species. In Center...more

4/10/2014 - Endangered Species Act ESA Listings Incidental Take Permits

Australian Scientists Call For Country To Focus Conservation Efforts On Most Vital Endangered Species

Last Thursday, several prominent conservation biologists in Australia called on the Australian government to allow certain endangered animals to become extinct in order to focus conservation efforts on reviving more vital...more

3/26/2014 - Australia Critical Habitat Endangered Species

Alaska Urges National Marine Fisheries Service To Delist Subpopulation Of Humpback Whales

On February 26, the Alaska Department of Fish and Game petitioned the National Marine Fisheries Service (NMFS) to remove the Central North Pacific subpopulation of humpback whales from the federal list of endangered or...more

3/5/2014 - Endangered Species Act ESA Listings National Marine Fisheries Service

Clean Air Act Ruling May Curb Suits

Last month, the 9th U.S. Circuit Court of Appeals declined to re-hear en banc a decision handed down last October by a three-judge panel, thereby leaving in place a decision that could be a major hurdle for plaintiffs in...more

3/4/2014 - Clean Air Act Environmental Policies Sierra Club

Report Finds The U.S. Fish And Wildlife Service Relied On Inadequate Science To Propose Delisting The Gray Wolf

A report issued by a group of independent scientists claims that the U.S. Fish and Wildlife Service (Service) relied on inadequate scientific evidence to support its proposal to delist the gray wolf (Canis lupus) under the...more

2/14/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

Ninth Circuit Denies Rehearing of Clean Air Act Suit and War of Words Ensues

On February 3, 2014, the United States Court of Appeals for the Ninth Circuit declined to rehear en banc a decision handed down last October by a three-judge panel, thereby leaving in place a decision that could significantly...more

2/10/2014 - Carbon Emissions Clean Air Act Environmental Claims Environmental Liability EPA Greenhouse Gas Emissions Oil & Gas Power Plants SCOTUS

U.S. Fish And Wildlife Service Reopens Public Comment Period For Proposed Special Rule For The Lesser Prairie-Chicken

On January 29, the U.S. Fish and Wildlife Service (Service) announced the reopening of the public comment period for a special rule originally proposed on May 6, 2013 that would allow for limited take of the lesser...more

2/4/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

Congress To Consider Exempting "Three Amigos" Antelopes From Endangered Species Act

The U.S. Senate is set to consider exempting three antelope species from protection under the Endangered Species Act (ESA). The scimitar-horned oryx (Oryx dammah), the dama gazelle (Gazella dama), and the addax antelope...more

1/20/2014 - Endangered Species Endangered Species Act ESA Listings Fish and Wildlife Service

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