Paul Weiland

Paul Weiland

Nossaman LLP

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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

8/11/2015 - California Endangered Species Act Department of Fish and Wildlife Endangered Species

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

6/19/2015 - Department of Fish & Game Endangered Species Act Jerry Brown Nominations

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

6/17/2015 - Affordable Housing CA Supreme Court Exactions Inclusionary Housing Ordinance Land Use Restrictions Local Ordinance Police Power Rough Proportionality Test Standard of Review

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

6/12/2015 - California Endangered Species Act Center for Biological Diversity Critical Habitat Department of Fish & Game Department of Fish and Wildlife Endangered Species Act ESA Listings

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

6/9/2015 - Fish and Wildlife Service Water Diversion Water Resources Control Board Water Usage

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

5/6/2015 - Critical Habitat Endangered Species Endangered Species Act ESA Fish and Wildlife Service Incidental Take Permits National Marine Fisheries Service Proposed Regulation Section 7

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

3/26/2015 - Appeals Endangered Species Act Golf Courses San Francisco Takings

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

3/5/2015 - Delisting Endangered Species Act ESA Listings Fish and Wildlife Service

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

2/4/2015 - Airlines Airports Endangered Species Information Reports

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

12/15/2014 - Amended Complaints Department of Agriculture Endangered Species Act Notice of Intent

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

12/10/2014 - Endangered Species Act Farm Credit Administration Farm Loans Farms Government-Guaranteed Loans NEPA SBA

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

12/4/2014 - Department of Fish & Game Endangered Species ESA Listings

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

11/19/2014 - Appeals Bureau of Reclamation Endangered Species Act Water Water Rights

Numerous Parties Line Up in Support of Petition in Delta Smelt Case

As we reported here, on October 6, 2014, a number of public water agencies and other entities that represent agricultural and municipal water users in California filed a petition for writ of certiorari with the U.S. Supreme...more

11/11/2014 - Endangered Species Endangered Species Act ESA Listings SCOTUS Water Water Supplies

Two petitions filed seeking Supreme Court review of Ninth Circuit decision in Delta smelt case

Recently, two separate petitions were filed with the U.S. Supreme Court seeking review of the Ninth Circuit’s decision in San Luis and Delta Mendota Water Authority v. Jewell, a case involving a challenge to the biological...more

10/13/2014 - Central Valley Environmental Policies Fish and Wildlife Service NEPA SCOTUS State Water Project

ABA Endangered Species Committee Releases Newsletter

The Endangered Species Committee within the American Bar Association's Section on Environment, Energy, and Resources recently released its periodic Endangered Species Committee Newsletter. The newsletter includes articles...more

9/2/2014 - American Bar Association Carbon Emissions Climate Change

Fifth Circuit Holds that the Army Corps of Engineers' Jurisdictional Determination Does Not Constitute a Reviewable "Final Agency...

On July 30, 2014, the United States Court of Appeals for the Fifth Circuit held that the issuance of a jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) is not a final agency action subject to...more

8/14/2014 - Administrative Procedure Act Clean Water Act Jurisdiction US Army Corps of Engineers Water

Forest Service Agrees to Initiate Consultation regarding Fuels Reduction Project at Upper Echo Lake south of Lake Tahoe and Halt...

The United States District Court for the Eastern District of California recently signed an order on a stipulation in Murphy v. United States Forest Service that bars the Forest Service from proceeding with implementation of...more

8/8/2014 - Endangered Species Act Environmental Policies Hazardous Substances

NMFS Releases Final Recovery Plan for Central Valley Salmonids

The National Marine Fisheries Service (NMFS) has released its final recovery plan for Central Valley spring-run Chinook salmon, Sacramento River winter-run Chinook salmon, and Central Valley steelhead. Sacramento River...more

7/23/2014 - Central Valley ESA ESA Listings National Marine Fisheries Service Recovery Plans Salmon

Fifth Circuit Rejects Strict Liability Standard and Reverses Trial Court Decision Imposing Endangered Species Act Section 9...

In The Aransas Project v. Shaw, the Fifth Circuit reversed a lower court’s finding that the Texas Commission on Environmental Quality violated section 9 of the Endangered Species Act through its combined actions and inactions...more

7/2/2014 - Endangered Species Act Environmental Policies Liability Section 9 Water Water Diversion

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

California Fish and Game Commission Votes to List the Gray Wolf as Endangered

In a split decision and contrary to the recommendation of the Department of Fish and Wildlife (Department), the California Fish and Game Commission (Commission) voted to list the gray wolf (Canis lupis) as endangered....more

6/10/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

Broad Duty To Consult Is New Norm Under ESA In 9th Circ.

Recently, the Ninth Circuit sitting en banc issued a landmark decision regarding the consultation provisions of the Endangered Species Act. The consultation provisions require any federal agency that authorizes, funds or...more

5/14/2014 - Bureau of Reclamation Consultation Contract Renewal Delta Mendota Canal Delta Smelt ESA ESA Listings Fish and Wildlife Service National Association of Home Builders Settlement Water Rights

U.S. Fish And Wildlife Service Lists Three California Amphibians

The U.S. Fish and Wildlife Service (Service) published a final rule in the Federal Register listing the Sierra Nevada yellow-legged frog (Rana Sierrae) and the northern distinct population segment (DPS) of the mountain...more

4/29/2014 - Endangered Species Act ESA Listings Fish and Wildlife Service

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