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Paul Weiland

Paul Weiland

Nossaman LLP


Latest Publications

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Idaho Enacts Law Declaring The State Has Primacy Over Resident Fish And Wildlife

The State of Idaho enacted a law this spring asserting that the State has “primacy over the management of fish and wildlife.”...more

5/17/2013 - Fish and Wildlife Service Supremacy Clause

D.C. Circuit Holds EPA Can Invalidate a Clean Water Act Section 404 Permit After It Is Issued

In a ruling that adds to the complexity of the federal regulatory landscape, the United States Court of Appeals for the District of Columbia held that the Environmental Protection Agency ("EPA") has the authority to...more

4/26/2013 - Clean Water Act EPA Permits Public Works US Army Corps of Engineers Water

Court Grants Federal Government Additional Year To Issue New Biological Opinions For California Water Projects

On April 9, 2013, the United States District Court for the Eastern District of California ruled on a motion by the United States and the State of California to extend the period of time to issue new biological opinions...more

4/10/2013 - Endangered Species Act Extensions State Water Project

Fifth Circuit Stays Injunction In Whooping Crane Case

The United States Court of Appeals for the Fifth Circuit stayed an injunction issued by the United States District Court for the Southern District of Texas requiring the State to prepare a habitat conservation plan for the...more

3/28/2013 - Endangered Species Act Habitat Conservation Plan Incidental Take Permits

California Releases Yet Another Preliminary Draft BDCP

On March 14, 2013, the State of California announced that it has released the first 4 of 12 chapters of the Bay Delta Conservation Plan (BDCP). California plans to release the next three chapters on March 27, and the...more

3/19/2013 - Habitat Conservation Plan Water

Texas Commission On Environmental Quality Held Liable For Whooping Crane Deaths In Violation Of ESA

After an unusual eight day bench trial, the United States District Court for the Southern District of Texas held State officials in Texas violated the Endangered Species Act’s (ESA) prohibition on take of the federally listed...more

3/18/2013

Fourth Circuit Strikes NMFS Biological Opinion Regarding Pesticide Registrations

In a unanimous panel decision, the United States Court of Appeals for the Fourth Circuit held that a biological opinion issued by the National Marine Fisheries Service (NMFS) regarding the effects of three pesticides on...more

2/25/2013 - EPA National Marine Fisheries Service Pesticides

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

California Appellate Court Restricts Use Of CESA Delisting Petitions

In Central Coast Forest Assoc. v. California Fish and Game Commission, the California Court of Appeal, Third Appellate District held that a petition to delist the endangered coho salmon (Oncorhynchus kisutch) under the...more

1/3/2013 - Endangered Species Act ESA Listings Writ of Mandamus

District Court Allows Action For ESA Violations To Proceed Regarding Naval Operations Off The Atlantic Coast

On December 26, 2012, in Strahan v. Roughead, the United States District Court for the District of Massachusetts denied a motion brought by federal defendants to dismiss as moot plaintiffs’ claims that the Navy is operating...more

12/28/2012 - Endangered Species Act Incidental Take Permits National Marine Fisheries Service U.S. Navy

Federal District Court Dismisses Lawsuit Alleging San Francisco Harmed Endangered Species At Sharp Park

In an order issued on December 6, 2012, the United States District Court for the Northern District of California dismissed a lawsuit brought by Wild Equity and other plaintiffs alleging violations of the Endangered Species...more

12/10/2012 - Endangered Species Act Golf Courses Incidental Take Permits

Federal District Court Dismisses Lawsuit Alleging San Francisco Harmed Endangered Species at Sharp Park

In an order issued on December 6, 2012, the United States District Court for the Northern District of California dismissed a lawsuit brought by Wild Equity and other plaintiffs alleging violations of the Endangered Species...more

12/10/2012 - Department of Fish and Wildlife Endangered Species Act Golf Courses Incidental Take Permits Mootness US Army Corps of Engineers

NMFS Releases Draft Recovery Plan For Steelhead On The South-Central California Coast

The National Marine Fisheries Service (NMFS) has released a public draft recovery plan for the distinct population segment (DPS) of steelhead (Oncorhynchus mykiss) that occupies California's South-Central Coast. NMFS...more

10/25/2012 - Endangered Species Act National Marine Fisheries Service

Northern California House Members Introduce Bill To Raise A Hurdle To Bay Delta Conservation Plan

Recently, House Representatives John Garamendi (D-Fairfield, CA), Jerry McNerney (D-Stockton, CA), Doris Matsui (D-Sacramento, CA), George Miller (D-Martinez, CA), and Mike Thompson (D-St. Helena, CA) introduced H.R. 6484...more

10/17/2012 - Conservation Flood Zones Water

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

Governor Brown Signs Law Barring Use Of Dogs To Hunt Bears And Bobcats

Governor Brown signed a bill into law that generally makes it unlawful to permit or allow a dog to pursue a bear or bobcat at any time. The bill, introduced as SB 1221 by State Senator Ted Lieu, is intended to curb the use of...more

10/1/2012 - Department of Fish & Game Dogs Hunting Jerry Brown

D.C. Circuit Holds That Recovery Plan Objectives Are Not Binding On The Services

In a 2-1 decision, the United States Court of Appeals for the District of Columbia Circuit recently upheld the decision of the Fish and Wildlife Service to delist the West Virginia northern flying squirrel (Glaucomys sabrinus...more

9/2/2012 - Department of Fish and Wildlife Endangered Species Act

Service Announces Delisting Of Gray Wolf In Wyoming

We previously reported the Fish and Wildlife Service's intention to delist the gray wolf (Canis lupus) in the State of Wyoming. Today the Service announced "that the Wyoming population of gray wolves is recovered and no...more

8/31/2012 - Department of Fish and Wildlife Endangered Species Act

Ninth Circuit Dismisses Challenge to Injunction in Delta Smelt Case

The United States Court of Appeals for the Ninth Circuit has granted a motion by appellees to dismiss an appeal pursued by the Natural Resources Defense Council and other organizations from an interim order enjoining one...more

8/23/2012 - Administrative Procedure Act Appeals Delta Smelt Endangered Species Act Injunctions Mootness Natural Resources Defense Council State Water Project

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