Conservation

News & Analysis as of

U.S. Fish and Wildlife Service Delists Three Fox Species and Reclassifies One Other

The U.S. Fish and Wildlife Service (Service) published a final rule removing the San Miguel Island fox (Urocyon littoralis littoralis), Santa Rosa Island fox (U. l. santarosae), and Santa Cruz Island fox (U. l. santacruzae)...more

The Social Cost of Carbon Passes Its First Judicial Test

Earlier this week, the 7th Circuit affirmed the Department of Energy’s new energy efficiency requirements for commercial refrigeration equipment. This is a big deal in its own right, simply because the numbers are really...more

Texas Hornshell Mussel Proposed for Listing Under Endangered Species Act

On August 10, 2016, the U.S. Fish and Wildlife Service (USFWS) issued a proposed rule to list the Texas hornshell (Popenaias popeii), a freshwater mussel, as an endangered species under the Endangered Species Act (ESA). The...more

August 4th Endangered Species Act Rulemakings

On August 4, 2016, the U.S. Fish and Wildlife Service (Service) issued a final rule confirming its 2011 revision to the designation of critical habitat for the marbled murrelet (Brachyramphus marmoratus). The Service listed...more

A new regulatory climate for energy producers? Six points about the Energy Policy Modernization Act

This summer, in an 84-3 vote, the United States Senate moved forward a wide-ranging piece of bipartisan energy legislation, the Energy Policy Modernization Act. The nearly 800-page bill tackles everything from the security of...more

Latin American Environmental Regulatory Tracker

This month’s tracker reflects key initiatives from June 16 - July 15, 2016. Brazil’s proposal to establish the region’s first comprehensive chemical regulatory program is the top story of this issue. Elsewhere, Chile...more

The Dusky Gopher Frog Causes Big Problems for Industrial and Commercial Development in Parts of St. Tammany Parish

In 2010, under the Endangered Species Act (“ESA”), the United States Fish and Wildlife Service (“the FWS”) designated 6,477 acres in Mississippi and Louisiana as “critical habitat” for the Rana sevosa or the dusky gopher...more

Fifth Circuit Upholds USFWS Designation of “Uninhabitable” Critical Habitat for Endangered Dusky Gopher Frog

In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit rejected challenges to the final rule designating critical habitat for the dusky gopher frog under the Endangered Species Act (ESA) and National...more

Fifth Circuit Upholds USFWS Designation of "Uninhabitable" Critical Habitat for Endangered Dusky Gopher Frog

In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit rejected challenges to the final rule designating critical habitat for the dusky gopher frog under the Endangered Species Act (ESA) and National...more

Bipartisan ESA Bill Proposes Funding for State Programs

In a year that has already seen its fair share of attempts to reform the Endangered Species Act (“ESA”), another proposal has made its way into the House of Representatives. Representatives Don Young (R-Alaska) and Debbie...more

Considerations for C Corporations Making a 2016 Conservation Easement Gift

When considering making a conservation easement gift, there are a number of steps involved, including the creation of multiple documents, appropriate due diligence and other tasks required to implement and substantiate such a...more

November Preview? Local bond & tax measures fared well in June

When a third of California’s registered voters turned up to vote this month, most of them got the chance to consider one of the 89 local bond and tax measures on their ballots. School construction bonds made up over half of...more

USFWS Issues 90-day Finding for Midwestern Moose Population

On June 2, 2016, the U.S. Fish and Wildlife Service (Service) issued a 90-day finding that listing populations of the Northwestern moose (Alces alces andersoni) under the Endangered Species Act (ESA) may be warranted. The...more

Emergency Groundwater Sustainability Plan Regulations Adopted By California Water Commission

Key Principle: Sustainable Management Through Local Efforts - The California Water Commission unanimously adopted a demanding set of regulations to govern the creation and implementation of groundwater sustainability...more

Fish and Wildlife Service Issues Draft 30-Year Programmatic Eagle Take Permit - Longer Permit Terms Welcome, But Certain Proposed...

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

Senate Hears Testimony on Senator Feinstein’s Emergency Drought Relief Bill

On May, 17, 2016, the U.S. Senate Committee on Energy and Natural Resources’ Subcommittee on Water and Energy held hearings on a number of pending bills, including S. 2533, sponsored by Senator Diane Feinstein (D-CA). The...more

Under the Dome Special Edition: 2016 Summary of New Maine Laws

We are pleased to share our 2016 Summary of New Maine Laws enacted during the Second Regular Session of Maine's 127th Legislature, which adjourned sine die April 29, 2016. We provide you this summary to help you stay...more

Lesser Prairie-Chicken Appeal Abandoned

After filing an appeal with the U.S. Court of Appeals for the Fifth Circuit less than two weeks prior, on May 10, 2016, the U.S. Fish and Wildlife Service (Service) filed an unopposed motion to voluntarily dismiss its appeal...more

U.S. Fish and Wildlife Service Designates Critical Habitat for the Oregon Spotted Frog

On May 11, 2016, the U.S. Fish and Wildlife Service (Service) issued a final rule designating approximately 65,038 acres and 20.3 river miles of critical habitat for the Oregon spotted frog (Rana pretiosa). The acres and...more

Long Awaited Eagle Rule Revamp Out for Public Comment

On May 6, 2016, the U.S. Fish and Wildlife Service (“Service”) published its proposed revisions to the Bald and Golden Eagle Protection Act (“BGEPA”) permit program.  The stated intention of these proposed revisions is to...more

US Senate Passes Bipartisan Energy Bill

The first broad energy bill passed in nearly a decade was passed by the Senate on April 20, 2016 with an 85-12 vote margin. The Energy Policy Modernization Act of 2016, S. 2012, responds to major changes to the energy...more

Court Rejects ESA Challenge to County’s Local Land Use Planning

On April 8, the United States District Court for the Middle District of Florida held that Collier County’s (County) land use planning regulations were complimentary, not contrary to the Endangered Species Act (ESA). The...more

U.S. Fish and Wildlife Service Designates Critical Habitat for 125 Hawaiian Species

On March 30, 2016, the U.S. Fish and Wildlife Service (“Service”) issued a final rule designating critical habitat for 125 species listed as endangered or threatened under the Endangered Species Act (“ESA”) on the Hawaiian...more

Supreme Court Holds the Ninth Circuit Misinterpreted the Alaska National Interest Lands Conservation Act

In 2007, National Park Service rangers stopped John Sturgeon from travelling by hovercraft on the Nation River within the boundaries of Yukon-Charley Rivers National Preserve. Park Service regulations ban the use of...more

Supreme Court Update: Hawkins V. Patterson (14-520), Tyson Foods V. Bouaphakeo (14-1146), Nebraska V. Parker (14-406), Sturgeon V....

So many announcements since our last Update. The President announced D.C. Circuit Chief Judge Merrick Garland as his pick to take the late Justice Scalia's seat on the Court; Senate Republicans promptly announced that they...more

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