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U.S. Fish and Wildlife Service Issues Final Rule Affecting Take Permits Under the Endangered Species Act

On April 12, 2024, the U.S. Fish and Wildlife Service (Service) published notice in the Federal Register of a final rule (89 Fed. Reg. 26070) that amends regulations regarding the issuance of enhancement of survival and...more

U.S. Fish and Wildlife Proposes Revisions to Eagle Permit Rules, Including General Permits for Qualifying Wind Energy Projects,...

On September 30, 2022 the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register of a proposed rule amending its regulations authorizing permits for eagle incidental take and eagle nest take....more

Biden Administration Revokes Trump Administration MBTA Rule and Initiates Rulemaking for MBTA Incidental Take Permitting Program

Earlier this month, the Fish and Wildlife Service (“Service”) published a final rule revoking the Trump Administration’s rule on incidental take under the Migratory Bird Treaty Act (“MBTA”), as well as an advanced notice of...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 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 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

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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