Latest Publications

Share:

Executive Orders Expected this Week Regarding Clean Air and Water Act Rules

In addition to a January 20th Presidential Memorandum freezing all, not yet enacted, rules and sending them back to the agencies and Office of Management and Budget for reconsideration, and the utilization of the...more

Comment Period Open on City of San Diego Vernal Pool HCP

On December 23, 2016, the U.S. Fish and Wildlife Service published a notice of availability and request for public comment in the Federal Register with respect to the draft Environmental Impact Report/Statement (EIR/S) for...more

New Administration Means Big Changes for Endangered Species

The election of Donald Trump as President, together with Republican majorities in the House and Senate, is likely to lead to important policy changes across a range of issues. While administration of the Endangered Species...more

[Event] Nossaman's 2016 Environmental and Land Use Seminar - September 13th, Costa Mesa, CA

Join us for our annual Environmental and Land Use Law Update! This complimentary morning seminar will be comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including...more

Fifth Circuit Upholds USFWS Designation of "Uninhabitable" Critical Habitat for Endangered Dusky Gopher Frog

In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit rejected challenges to the final rule designating critical habitat for the dusky gopher frog under the Endangered Species Act (ESA) and National...more

Court Enjoins Wolf Releases in New Mexico

The United States District Court for the District of New Mexico issued an opinion and order enjoining the United States from releasing captive-bred wolves within the State of New Mexico without first obtaining importation and...more

Supreme Court Holds that Jurisdictional Determinations are Subject to Review under the Administrative Procedure Act

In U.S. Army Corps of Engineers v. Hawkes, the Supreme Court held that a Jurisdictional Determination (JD) issued by the U.S. Army Corps of Engineers that specifies whether a particular parcel of property includes waters...more

Widely Divergent Views of Section 7 Consultation Described in PNAS Articles

In December 2015, Defenders of Wildlife employees published an article in the Proceedings of the National Academy of Sciences, in which they compiled and conducted basic statistical analyses of data regarding section 7...more

Major Changes Underway at the California Fish and Game Commission

The California Fish and Game Commission (Commission) is in the midst of major changes. The Commission, which was established in 1870, has been led by a body of five commissioners since 1937. The Commission has a small staff...more

President Issues Memo regarding Mitigation of Natural Resources Impacts

On November 3, 2015, the President issued a memorandum entitled “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment.” In it, he states “[t]his memorandum will encourage private...more

[Event] Nossaman's 2015 Environmental and Land Use Seminar - September 22nd, Newport Beach, CA

Nossaman will host a complimentary half-day seminar comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including new federal rules implementing the Clean Water Act and...more

California Fish and Game Commission Lists Population of Fisher Under the California Endangered Species Act

On August 6, 2015, the California Fish and Game Commission (Commission) voted to list the southern Sierra Nevada evolutionarily significant unit of the fisher (Pekania pennati) as a threatened species under the California...more

Governor Brown Nominates Two for Fish and Game Commission

Governor Brown has announced the nomination of Eric Sklar and Anthony Williams to serve on the California Fish and Game Commission (Commission). The five-member Commission is established under article IV, section 20 of the...more

California Supreme Court Holds Facial Challenge to Inclusionary Zoning Ordinance Subject to Deferential Standard of Review

In a decision with major repercussions for the building industry in California, the California Supreme Court unanimously rejected a constitutional challenge to San Jose's affordable housing ordinance. California Building...more

California Fish and Game Commission Votes Not to Make Tricolored Blackbird Candidate for Listing

Thursday, in response to a petition to list filed by the Center for Biological Diversity (CBD) in October 2014, the California Fish and Game Commission (Commission) determined not to make the tricolored blackbird (agelaius...more

Court of Appeal Decision Extends Lake and Streambed Alteration Program to Water Diversions

In a decision that will have ripple effects on water diversions throughout California, the Court of Appeal held that section 1602 of the Fish and Game Code requires notification to the Department of Fish and Wildlife...more

Federal Wildlife Agencies Issue Final Rule Codifying Practice of Using Surrogates in Incidental Take Statements

On May 1, 2015, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the wildlife agencies) issued a final rule amending the regulations governing consultation under section 7 of the...more

Ninth Circuit Dismisses Action Alleging San Francisco Violated the Endangered Species Act

In a three-page memorandum decision, the United States Court of Appeals for the Ninth Circuit dismissed Wild Equity and other groups’ appeal from a lower court decision, dismissing as moot a lawsuit alleging that the City and...more

Outdated requirement results in continued listing of species determined to be recovered

The Modoc sucker (Catostomus microps), a small fish with a range limited to northeast California and south-central Oregon, was listed as endangered in 1985.  A recovery plan for the species was adopted by the Service in 1992,...more

Transportation Research Bureau Publishes New Report on Airports and Species

The Transportation Research Bureau (“TRB”), a division of the National Research Council within the National Academies, has released a report entitled Innovative Airport Responses to Threatened and Endangered Species.  The...more

Ninth Circuit Panel Holds NMFS Biological Opinion regarding California Water Projects Passes Legal Muster

As numerous news outlets reported, see L.A. Times and S.F. Chronicle, the United States Court of Appeals for the Ninth Circuit issued a decision reversing a lower court and affirming a biological opinion and reasonable and...more

12/29/2014

Notice Period Doesn't Cause 9th Circ. To Pause on ESA

The decision by the Ninth Circuit in Alliance for the Wild Rockies v. U.S. Dep't of Agriculture, No. 13-35253 (9th Cir. Nov. 20, 2014), permitting plaintiffs to amend a complaint to add claims under the federal Endangered...more

Court Holds Small Business Administration and Farm Service Agency Must Consult on Loan Guarantees

A federal district court in Arkansas recently issued a decision clarifying that the obligation to consult under section 7(a)(2) of the Endangered Species Act (ESA) extends to the Small Business Administration and the Farm...more

California Fish and Game Commission Decides to List Tricolored Blackbird on an Emergency Basis

Today, in response to a petition to list (pdf) filed by the Center for Biological Diversity (CBD) in October 2014, the California Fish and Game Commission (Commission) extended protection to the tricolored blackbird (agelaius...more

High Court Denies Petition by Parties with Reclamation Contracts Seeking to Avoid ESA Consultation

On November 17, the U.S. Supreme Court denied the petition for writ of certiorari filed by Glenn Colusa Irrigation District and others seeking to overturn a decision by the United States Court of Appeals for the Ninth Circuit...more

67 Results
/
View per page
Page: of 3

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!