Robert Thornton

Robert Thornton

Nossaman LLP

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Ninth Circuit Critical Habitat Decision Casts Shadow On Habitat Conservation Plan “No Surprises” Assurances

In a decision that casts a shadow on the enforceability of contractual assurances in habitat conservation plan (“HCP”) agreements, the U.S. Court of Appeals for the Ninth Circuit rejected various Endangered Species Act...more

6/26/2015 - Endangered Species Act Fish and Wildlife Service Habitat Conservation Plan NEPA

Fish & Wildlife Service Finds That Gnatcatcher Delisting May Be Warranted

Continuing the quarter century controversy over the listing of the Coastal California gnatcatcher (Polioptila californica californica) as a threatened subspecies, the U.S. Fish & Wildlife Service (FWS) has concluded that a...more

1/2/2015 - Administrative Procedure Act Delisting Endangered Species Act ESA Listings Fish and Wildlife Service

Proposed Critical Habitat Rules Change Reach of the Endangered Species Act

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have proposed two important new rules implementing the critical habitat provisions of the Endangered Species Act (ESA). 79 Fed.Reg. 27060 (May 12,...more

7/25/2014 - Critical Habitat Endangered Species Endangered Species Act ESA ESA Listings Fish and Wildlife Service Habitat Conservation Plan National Marine Fisheries Service New Regulations Sierra Club

Petition to Delist California Gnatcatcher Filed

Citing new genetic evidence that the coastal California gnatcatcher is not a distinct subspecies as previously claimed, but is part of a single, healthy and abundant species that ranges from Southern California to the...more

6/13/2014 - Endangered Species Endangered Species Act ESA Listings

Proposed Critical Habitat Rules Expand Reach Of Critical Habitat Protections Under The Endangered Species Act

On May 12, 2014, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service proposed two important new rules (50 CFR Part 402 and 50 CFR Part 424) implementing the critical habitat provisions of the...more

5/14/2014 - Critical Habitat Endangered Species Endangered Species Act ESA Listings Fish and Wildlife Service

California Court Recognizes Conservation Exception To Fully Protected Species Law

On an issue of first impression, a California court has created a judicial exception to the “take” prohibition in the state’s fully protected species statutes. On March 20, 2014, the California Court of Appeal held that the...more

3/31/2014 - Conservation Endangered Species Endangered Species Act Habitat Conservation Plan

Court Of Appeal Upholds Polar Bear Listing Based On Climate Change Impacts

In a major victory for advocates of regulatory action to address climate change, the Court of Appeals for the District of Columbia Circuit rejected challenges to the listing of the polar bear as a threatened species. ...more

3/1/2013 - Climate Change Endangered Species Act

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