The U.S. Court of Appeals for the Fifth Circuit on Nov. 14, 2023, dismissed claims brought by environmental groups challenging offshore oil and gas Lease Sale 261. The court ordered that the sale take place within 37 days of...more
11/16/2023
/ Administrative Procedure Act ,
Appeals ,
BOEM ,
Department of the Interior ,
Dismissals ,
Endangered Species ,
Endangered Species Act (ESA) ,
Inflation Reduction Act (IRA) ,
Offshore Drilling ,
Offshore Lease ,
Oil & Gas
• A U.S. Department of the Interior (DOI) legal memo has found that the Migratory Bird Treaty Act (MBTA) applies only to purposeful "take" and does not apply to otherwise lawful activities.
• The memo specifically...more
In Alaska Oil & Gas Ass'n v. Pritzker, the U.S. Court of Appeals for the Ninth Circuit recently upheld a rule listing two species of seals as "threatened" under the Endangered Species Act (ESA) based on climate change...more
11/30/2016
/ Administrative Procedure Act ,
Alaska ,
Arbitrary and Capricious ,
Center for Biological Diversity ,
Climate Change ,
Conservation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
National Marine Fisheries Service ,
Trump Administration
The U.S. Fish and Wildlife Service (Service) on May 6, 2016, issued a draft rule that would extend to 30 years the maximum life of permits authorizing the incidental take of bald and golden eagles pursuant to the federal Bald...more
5/20/2016
/ Bald and Golden Eagle Protection Act ,
Conservation ,
Endangered Species ,
Energy Sector ,
Incidental Take Permits ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Renewable Energy ,
Solar Energy ,
US Fish and Wildlife Service ,
Wind Power
The Fifth Circuit's decision provides important legal and factual guidance for whether an action will cause a "take" under the ESA. While the decision only affects states covered by the Fifth Circuit (Texas, Louisiana and...more