News & Analysis as of

Climate Change Habitat Conservation Plan

Allen Matkins

California Environmental Law & Policy Update 5.31.24

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The U.S. Supreme Court on Tuesday agreed to consider whether federal and state agencies must clearly define limits on wastewater pollution when issuing discharge permits. The high court took up the City of San Francisco’s...more

Troutman Pepper

Western Pond Turtle Listing Will Impact Land and Water Managers Throughout the Western U.S.

Troutman Pepper on

The U.S. Fish and Wildlife Service (FWS) has proposed listing the northwestern pond turtle (Actinemys marmorata) and the southwestern pond turtle (Actinemys pallida) as threatened species under the federal Endangered Species...more

Nossaman LLP

California Amends Fully Protected Species Statutes: Streamlining or More Red Tape?

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On July 10, 2023, Governor Newsom signed Senate Bill 147 (SB147) into law, amending California’s “fully protected species” statutes. These laws were enacted in 1970 and currently protect 37 species native to California,...more

Pillsbury Winthrop Shaw Pittman LLP

Understanding the EPA’s Final Renewable Fuel Standard Set Rule for 2023, 2024 and 2025

The EPA issued a final Renewable Fuel Standard (RFS) rule that announces the biofuel volume targets for 2023 – 2025 and provides a first look into the EPA’s plans for implementing the program moving forward. The RFS...more

Cadwalader, Wickersham & Taft LLP

UK Government Authorizes Consultation to Spur Investment in Nature Recovery Initiatives

On March 23, the British Standards Institution (BSI), the UK National Standards Body, announced the launch of a three-year Nature Investment Standards Programme and related consultation, which aims to stimulate private sector...more

BCLP

State aid: European Commission adopts new rules for agriculture, forestry and fishery and aquaculture sectors

BCLP on

The European Commission has revised its state aid rules for the agricultural, forestry and fishery/aquaculture sectors. The revisions relate to: ..the Agricultural Block Exemption Regulation (ABER); ..the Fishery...more

Nossaman LLP

Service Proposes Listing Two California Salamander Species with Critical Habitat Designations

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On October 18, 2022, the U.S. Fish and Wildlife Service (Service) announced 12-month findings on a petition to list three California-based salamander species under the Endangered Species Act (ESA): the Kern Plateau salamander...more

Jones Day

UK Government Publishes Third Climate Change Risk Assessment January 17, 2022

Jones Day on

Three months after hosting the COP26 climate summit in Glasgow, and as required by the Climate Change Act 2008, the UK government published its third five-year risk assessment of climate change on the United Kingdom. This...more

Nossaman LLP

Diminutive Desert Owl Makes Big Waves

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On December 22, 2021, the U.S. Fish and Wildlife Service (Service) proposed to list the cactus ferruginous pygmy owl (Glaucidium brasilianum cactorum) (Owl) as threatened under the Endangered Species Act (ESA) primarily due...more

Latham & Watkins LLP

A Dry 2021 in California Prompts Water Conservation Response

Latham & Watkins LLP on

Limited water supply, restrictions on use, and higher costs may be in store for next year if the state’s drought conditions persist. This year has been critically dry and hot for California, resulting in déjà vu as the...more

Nossaman LLP

FWS Delists Cumberland Sandwort Under the ESA

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On Monday, the U.S. Fish and Wildlife Service (FWS) published a final rule delisting the now-recovered Cumberland sandwort (Arenaria cumberlandensis) under the Endangered Species Act (ESA).  Originally listed as endangered in...more

Holland & Hart LLP

Assessing Climate Cost in Policy Decisions

Holland & Hart LLP on

Right out of the box, the Biden Administration took a decisive stance on the importance of climate costs in agency decision making, returning to Obama-era metrics and values. On his first day in office, President Biden issued...more

Gray Reed

Climate Change 101 for Landmen and Lawyers: Uninhabitable Earth or False Alarm? (Part 2)

Gray Reed on

EXTREME WEATHER OR EXTREME EXAGGERATION? About half of Wallace-Wells’s book, Uninhabitable Earth, is devoted to what he describes as the “Elements of Chaos” that will result from man-made climate change unless fossil fuels...more

(ACOEL) | American College of Environmental...

The “Next” Pandemic: How States Can Avert It.

The “next” pandemic in the USA is not a question of “if” but of “when.” Just as States scramble to win or shore up their victories against  COVID-19, a second front appears. Can the USA win a two-front war with microbes?...more

(ACOEL) | American College of Environmental...

A New Map of Climate Resilient Landscapes

After 12 years of work by more than 150 Nature Conservancy scientists we now have an interactive map of resilient lands that can withstand climate impacts AND protect biodiversity. Using ground-breaking science,...more

(ACOEL) | American College of Environmental...

Migratory Bird Treaty Act -- Scope of Act Rule

On February 3rd, the U.S. Fish and Wildlife Service (USFWS) published a Notice of Proposed Rulemaking that would completely eliminate criminal penalties for “incidental” migratory bird deaths under the Migratory Bird Treaty...more

Nossaman LLP

FWS Decides Not to List Long-Living Tree Impacted by Climate Change

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On October 7, 2019, the U.S. Fish and Wildlife Service (FWS) published a notice in the Federal Register announcing the agency’s 12-month findings that a dozen species are not warranted for listing as endangered or threatened...more

Nossaman LLP

New Executive Order Heralds Reorientation of State’s Species Protection and Water Management Policies

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On April 29, 2019, Governor Newsom issued Executive Order N-10-19 (EO) directing the California Natural Resources Agency, the California Environmental Protection Agency, the California Department of Food and Agriculture...more

Nossaman LLP

Ninth Circuit Upholds Listing Decision Based on End of Century Climate Change Predictions

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On October 24, 2016, the United States Court of Appeals for the Ninth Circuit upheld the National Marine Fisheries Service (Service) determination listing the Beringia Distinct Population Segment (DPS) of the Bearded Seal...more

Nossaman LLP

The Wolverine Takes on Climate Change: Montana District Court Remands Withdrawal of Proposed Listing Rule

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On April 4, 2016, the U.S. District Court for the District of Montana vacated the U.S. Fish and Wildlife Service’s (Service) August 13, 2014 withdrawal of its proposed rule to list the distinct population segment of the North...more

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