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Conservation Trump Administration

Nossaman LLP

9th Circuit Puts ESA Rules Vacatur on Hold

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On September 21, 2022, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) stayed a July 5, 2022 order of the U.S. District Court for the Northern District of California (District Court) vacating several...more

Nossaman LLP

Court Vacates Trump-Era ESA Regulations

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On July 5, 2022, the U.S. District Court for the Northern District of California issued an order vacating three Trump-era regulations implementing the Endangered Species Act (“ESA”)....more

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Habitat Definition No Longer Applies in Critical Habitat Designations

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On June 24, 2022, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, Services) published a final rule rescinding the Trump administration’s 2020 final rule defining “habitat” for the...more

Nossaman LLP

Gray Wolf Removed from Endangered Species List & Environmental Groups File Notice of Intent to Sue

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On November 3, 2020, the United States Fish & Wildlife Service (“Service”) published a final rule removing the gray wolf (canis lupus) from the federal list of Endangered and Threatened Species in the lower 48 United States...more

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Service Announces American Burying Beetle Downlisting and 4(d) Rule

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The United States Fish and Wildlife Service ("Service") recently released a pre-publication version of its final rule to reclassify the American burying beetle (Nicrophorus americanus) from endangered to threatened under the...more

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Kangaroo Rat: From Endangered to Threatened

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On August 19, 2020, the U.S. Fish and Wildlife Service (Service) published a proposed rule that would remove the Stephens’ kangaroo rat (Dipodomys stephensi) from the federal list of Endangered Species....more

Allen Matkins

California Environmental Law & Policy Update - July 2020 #3

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EPA limits states’ power to review projects that affect water quality - Bullet Courthouse News Service – July 13 - The U.S. Environmental Protection Agency (EPA) on Monday issued a new 401 Certification Rule under the...more

Snell & Wilmer

Land & Water Conservation Fund Update

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A year ago, we blogged about the Senate-proposed Natural Resources Management Act (NRMA) which sought to permanently reauthorize the Land and Water Conservation Fund (LWCF). The proposed NRMA was developed largely due to the...more

Snell & Wilmer

Bird Trouble: Trump Administration Plans for Greater Sage Grouse Shot Down by Federal Court; States Take a Shot Too

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The greater sage-grouse is a chicken-like bird that is currently found in 11 western states. For more than 25 years, there has been considerable controversy concerning whether to list the greater sage-grouse for protection...more

K&L Gates LLP

Trump Administration Finalizes New Endangered Species Act Regulations

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The Trump administration recently issued three final rules revising several key aspects of the Endangered Species Act (“ESA”), including: (1) listing species and designating critical habitat under § 4 of the ESA; (2)...more

BakerHostetler

The Weekly Hill Update

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Below is the Federal Policy team’s weekly preview, posted when Congress is in session. HEADLINES - • Lawmakers are working on a stopgap spending bill to keep the government funded into at least November. Current...more

Downey Brand LLP

Trump Administration Announces Three Rules Making Sweeping Changes to Federal Endangered Species Act Regulations

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On August 12, 2019, the U.S. Fish and Wildlife Service (“FWS”) and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (“NMFS”) (collectively “Services”) jointly announced three rules that...more

Davis Wright Tremaine LLP

Trump Track: Speed Bumps on the Road to Species Protection

On August 12, 2019, the Trump Administration adopted three new rules in an attempt to rein in the Endangered Species Act (ESA). The rules would eliminate regulations in place since 1978 affording protections for "threatened"...more

Nossaman LLP

ESA Regulatory Reform Package Crosses the Finish Line

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More than a year after the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) published proposals to revise several Endangered Species Act (ESA) implementing...more

Nossaman LLP

U.S. Fish and Wildlife Service Issues Proposed Rule to Delist the Gray Wolf

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On March 15, 2019, the U.S. Fish and Wildlife Service (“Service”) issued a proposed rule to remove the gray wolf (Canis lupus) from the List of Endangered and Threatened Wildlife. ...more

Nossaman LLP

Trump Administration Announces Plan to End Gray Wolf Protections

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Acting Secretary of the U.S. Department of the Interior, David Bernhardt, recently announced that the U.S. Fish and Wildlife Service (Service) will publish a proposed rule removing federal protections under the Endangered...more

Nossaman LLP

Shutdown Affecting ESA Policy and Compliance; Private Projects Feeling the Pinch

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The longest partial government shutdown in United States history is taking its toll on Endangered Species Act (ESA) policy initiatives championed by the Trump Administration, and is making ESA compliance and project...more

Nossaman LLP

Partial Government Shutdown Slows Endangered Species Act Administration

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The effects of the partial Federal government shutdown are being felt at the U.S. Fish and Wildlife Service (“Service”). The shutdown has virtually halted the Service’s processing of pending rulemakings under the Endangered...more

Hogan Lovells

U.S. Fish and Wildlife Service proposes significant reform to regulations implementing the Endangered Species Act

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Yesterday, the U.S Fish and Wildlife Service and National Marine Fisheries Service (the Services) proposed in the Federal Register the first major regulatory reforms to the Endangered Species Act (ESA or Act) under the Trump...more

Nossaman LLP

Agencies and Lawmakers Seek ESA Reform

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In recent weeks, the Trump Administration and Congress have proposed changes to the Endangered Species Act (“ESA”) and its implementing regulations. ...more

Nossaman LLP

What Might Justice Kavanaugh Mean for the ESA?

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On July 9, 2018, President Trump nominated Judge Brett Kavanaugh, who currently sits on the U.S. Court of Appeals for the District of Columbia Circuit, to replace retiring Associate Justice Anthony Kennedy on the U.S. Supreme...more

Holland & Knight LLP

U.S. Department of Agriculture Releases 2018 Farm Bill Principles

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Sonny Perdue, secretary of the U.S. Department of Agriculture (USDA), released the Trump Administration's 2018 Farm Bill and Legislative Principles on Jan. 24, 2018. "These principles will be used as a road map. They are our...more

Nossaman LLP

End of the Year Endangered Species Round-Up

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As 2018 approaches, the U.S. Fish and Wildlife Service (“Service”) made a few announcements that will likely impact the list of threatened and endangered species. In these last 11 days of 2017, the Service announced 90-day...more

Nossaman LLP

Administration Announces Comprehensive Revisions to Endangered Species Act Implementing Regulations

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In the Fall 2017 publication of the Unified Agenda of the Office of Information and Regulatory Affairs, the Department of the Interior announced its intent to revise the U.S. Fish and Wildlife Service’s regulations governing...more

Nossaman LLP

The Power of the Purse, and What That Potentially Means This Holiday Season

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Long ago, the framers of the Constitution decided to separate the federal government’s powers into three branches, with each branch acting as a check on the other. Broadly speaking, the legislative branch writes the law, the...more

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