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BLM Directed to “Try Again” on NEPA Analysis for Echanis Wind’s Transmission Line: Greater Sage-Grouse Remains Key Issue for...

In the continuing saga of the Echanis wind project in Eastern Oregon, U.S. District Court Judge Michael Mosman on April 18 vacated the Bureau of Land Management’s (BLM)’s Record of Decision (ROD) on a right-of-way grant...more

Sage Grouse Update: BLM Issues Draft Environmental Impact Statement (DEIS) on Proposed Withdrawal of 10 Million Acres

On the last business day of 2016 the BLM released the DEIS on its proposed 20-year withdrawal of approximately 10 million acres of “sagebrush focal areas” (SFAs) in six western states from mineral location and entry under the...more

U.S. Fish and Wildlife Service Issues Final Revised Eagle Rule

Today the U.S. Fish and Wildlife Service (Service) published notice in the Federal Register of a long-anticipated final rule revising its eagle permitting regulations (Revised Eagle Rule). Concurrent with the Revised Eagle...more

U.S. Fish and Wildlife Service Issues Proposed Changes to Eagle Permit Regulations, Opens 60-Day Comment Period

Today the U.S. Fish and Wildlife Service (Service) published notice in the Federal Register of proposed changes to its eagle permitting regulations (Proposed Rule). Concurrent with the Proposed Rule, the Service issued a...more

Center for Biological Diversity Files 60-Day Notice of Intent to Sue the U.S. Fish and Wildlife Service on Final 4(d) Rule for...

As we discussed in a previous post, on January 14, 2016, the U.S. Fish and Wildlife Service (Service) published a final 4(d) rule under the Endangered Species Act for the northern long-eared bat. As we noted, although the...more

New Revisions to Critical Habitat Regulations Leads to New Uncertainty

On Friday, February 5, 2016, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services) announced long-anticipated revisions to their critical habitat regulations and policy under the Endangered...more

U.S. Fish and Wildlife Service Issues Final 4(d) Rule for Northern Long-Eared Bat Under Endangered Species Act

In April 2015, the U.S. Fish and Wildlife Service (“Service”) published a final decision to list the northern long-eared bat as threatened and, rather than publishing a final 4(d) rule, opted to publish an interim 4(d) rule...more

U.S Fish and Wildlife Services Opts Not to Appeal 30-Year Eagle Rule Decision, Focuses on Development of Eagle Permitting Program

On January 19, 2016, the U.S. Department of Justice (DOJ) dropped its Ninth Circuit appeal of U.S. District Judge Lucy Koh’s ruling that set aside the U.S. Fish and Wildlife Service’s (“Service”) rule to extend the maximum...more

U.S. Fish and Wildlife Service Determines Protection for Greater Sage-Grouse No Longer Warranted

In a speech at the Rocky Mountain National Wildlife Refuge, Interior Secretary Sally Jewell announced yesterday that the U.S. Fish and Wildlife Service (USFWS) will not list the greater sage-grouse under the Endangered...more

Court Invalidates 30-Year Permit Provisions of U.S. Fish and Wildlife Service’s Eagle Permit Rule on NEPA Grounds

As we discussed in a post from May 2014, the American Bird Conservancy (“ABC”) in 2014 filed a lawsuit challenging the U.S. Fish and Wildlife Service’s (“USFWS”) 2013 revisions to its eagle permit rule, alleging violations of...more

USFWS to Evaluate New Incidental Take Permitting Program Under the Migratory Bird Treaty Act

Today, the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register announcing that it intends to prepare a programmatic environmental impact statement to evaluate the effects of a program that...more

USFWS Publishes Northern Long-Eared Bat Listing Decision, Opts for Interim 4(d) Rule

In a long-anticipated move, the U.S. Fish and Wildlife Service (“Service”)has published a final listing decision and interim rule on the northern long-eared bat. The Service listed the northern long-eared bat as threatened...more

U.S. Fish and Wildlife Service to Review Eagle Permit Rules

On Friday, June 20, 2014, the U.S. Fish and Wildlife Service (“Service”) announced its plans to engage the public in a review of how permits are issued for the non-purposeful take of bald and golden eagles under the Bald and...more

ESA Law Update: U.S. Fish and Wildlife Service and NMFS Extend Comment Period on Critical Habitat Regulations

On June 20, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (“Services”), the two federal agencies responsible for administering the Endangered Species Act (“ESA”), have announced that they will...more

American Bird Conservancy Sends Notice of Intent to Sue Administration Over Revised Eagle Permit Rule

On April 30, 2014, the American Bird Conservancy (“ABC”) sent a Notice of Intent to Sue (“Notice”) to Secretary of the Interior Sally Jewell and Director of the U.S. Fish and Wildlife Service (“Service’) Dan Ashe, alleging...more

Environmental Law Alert: FWS Extends Eagle "Take" Permit to 30 Years | What You Need to Know

It's official. On Friday, the U.S. Fish and Wildlife Service ("FWS") issued for public inspection a final rule to extend the maximum term for programmatic "take" permits under the Bald and Golden Eagle Protection Act ("Eagle...more

Proposed Sage-Grouse Protections May Impact Mining Along the California-Nevada Border

On October 28, 2013, the U.S. Fish and Wildlife Service (“USFWS”) proposed to list the Bi-State distinct population segment (“Bi-State DPS”) of greater sage-grouse (Centrocercus urophasianus) as a threatened species under the...more

U.S. Fish and Wildlife Service Proposes Greater Protections for Greater Sage-Grouse Along the California-Nevada Border

On October 28, 2013, the U.S. Fish and Wildlife Service ("Service") proposed to list the Bi-State distinct population segment ("Bi-State DPS") of greater sage-grouse (Centrocercus urophasianus), which occur in the Mono Basin...more

Bald and Golden Eagle Protection Act Compliance: A "New Normal"?

As we discussed in this alert, the U.S. Fish and Wildlife Service (FWS) released its final Eagle Conservation Plan Guidance (ECP Guidance) on April 26, 2013. Intended to promote compliance with the Bald and Golden Eagle...more

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