Critical Habitat Endangered Species Act

News & Analysis as of

Ninth Circuit Holds Critical Habitat Designations Not Subject to Cost-Benefit Analysis

In Building Industry Association of the Bay Area v. U.S. Department of Commerce, a decision with significant implications for property owners, the building industry, and the development community at large, the U.S. Court of...more

The Ninth Circuit Reminds Us — Again — Just How Powerful the Endangered Species Act Is

On Tuesday, the 9th Circuit Court of Appeals affirmed the Commerce Department’s designation of critical habitat for the southern distinct population segment of green sturgeon, once again reminding us just how difficult it is...more

Ninth Circuit Holds Forest Service Violated ESA by Failing to Reinitiate Consultation for Canada Lynx

On June 17, 2015, the U.S. Court of Appeals for the Ninth Circuit ruled that the U.S. Forest Service (Service) violated section 7 of the Endangered Species Act (ESA) by failing to reinitiate consultation with the U.S. Fish...more

California Fish and Game Commission Votes Not to Make Tricolored Blackbird Candidate for Listing

Thursday, in response to a petition to list filed by the Center for Biological Diversity (CBD) in October 2014, the California Fish and Game Commission (Commission) determined not to make the tricolored blackbird (agelaius...more

Federal Government Proposes Revisions to Endangered Species Act Regulations

While a number of Endangered Species Act (ESA) reform bills continue to wind their way through Congress (see our May 6, 2015 post), Monday, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS)...more

Federal Wildlife Agencies Issue Final Rule Codifying Practice of Using Surrogates in Incidental Take Statements

On May 1, 2015, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the wildlife agencies) issued a final rule amending the regulations governing consultation under section 7 of the...more

U.S. Fish and Wildlife Service Revises Proposed Critical Habitat Rule for Zuni Bluehead Sucker

On Tuesday, April 14, 2015, the U.S. Fish and Wildlife Service (Service) reopened the public comment period on its proposed rule designating critical habitat for the Zuni bluehead sucker (Catostomus discobolus), a fish...more

Federal Court Strikes Down HCP: No Piggybacks Under Section 10

While decisions dealing with lawsuits alleging violations of section 7 or section 9 of the Endangered Species Act (ESA) are rather common, it is far less common for courts to address suits under section 10. In fact, in any...more

Agencies Must Aim for Recovery of the Species When Designating Critical Habitat

In a decision issued earlier this week, a U.S. District Court rejected the U.S. Fish and Wildlife Service’s (Service) interpretation of the Endangered Species Act (ESA), finding that its interpretation of the critical habitat...more

National Marine Fisheries Service Considering Revision to Critical Habitat Designation for Southern Resident Killer Whales

On February 24, 2015, the National Marine Fisheries Service (NMFS) announced a 12-month finding on the Center for Biological Diversity’s (CBD) petition to revise the critical habitat designation for the Southern Resident...more

NMFS Publishes Corrected Proposed Critical Habitat Designation for Arctic Ringed Seal

On December 9, 2014, the National Marine Fisheries Service (NMFS) and Secretary of Commerce published a revised proposed rule designating critical habitat for the Arctic Ringed Seal. The previous proposed rule was published...more

Reading the Tea Leaves: U.S. Fish & Wildlife Service Lists, Designates Critical Habitat for Gunnison Sage-Grouse – Is the Greater...

On November 12, 2014, the U.S. Fish & Wildlife Service (Service) listed as “threatened” and designated over 1.4 million acres of critical habitat for Gunnison sage-grouse (Centrocercus minimus), the smaller cousin of the...more

California Federal District Court Grants Partial Dismissal to Suit Alleging Violations of the Endangered Species Act

Earlier this month, a federal district court in California partially granted motions to dismiss a second amended complaint filed by the Center for Biological Diversity and the Pesticide Action Network alleging that the...more

Court Reluctantly Upholds Designation of Critial Habitat for Frog

Last week, the United States District Court for the Eastern District of Louisiana upheld the designation of approximately 1,544 acres of privately-owned timber land located in Louisiana as critical habitat for the dusky...more

Proposed Critical Habitat Rules Change Reach of the Endangered Species Act

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have proposed two important new rules implementing the critical habitat provisions of the Endangered Species Act (ESA). 79 Fed.Reg. 27060 (May 12,...more

Rose That Calls California and Nevada Home Listed as Threatened

On June 2, 2014, the U.S. Fish and Wildlife Service (Service) announced the listing of the Webber's ivesia (Ivesia webberi) as a threatened species under the Endangered Species Act, and the designation of 2,170 acres of...more

ESA Law Alert: U.S. Fish and Wildlife Service and NMFS Propose Significant Changes to Critical Habitat Regulations

On May 12, 2014, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the “Services”) jointly issued three interrelated proposals concerning the designation of critical habitat under the Endangered...more

Wildlife Agencies Propose New Endangered Species Regulations and Policy on Critical Habitat

On May 12, 2014, Federal wildlife agencies proposed two new rules concerning critical habitat under the Endangered Species Act and a draft policy regarding exclusions from critical habitat designations. The proposals, issued...more

Proposed Endangered Species Act Regulations Would Change Critical Habitat Rules

On May 12, 2014, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service jointly published two proposed regulations and a draft policy concerning critical habitat designations under the Endangered Species...more

Proposed Critical Habitat Rules Expand Reach Of Critical Habitat Protections Under The Endangered Species Act

On May 12, 2014, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service proposed two important new rules (50 CFR Part 402 and 50 CFR Part 424) implementing the critical habitat provisions of the...more

California Environmental Law and Policy Update

Environmental and Policy Focus -- Court of Appeals upholds determination: Reuters - Mar 14 - The U.S. Ninth Circuit Court of Appeals yesterday rejected a challenge to a determination by the U.S. Fish & Wildlife Service...more

Feds Designate Huge Swath of Southern Arizona for Jaguar Conservation

Mining projects in the mountains of Southern Arizona now face a new regulatory hurdle: persuading federal regulators that their proposed operations will not degrade the “critical habitat” of Mexican Jaguars who may wander...more

U.S. Fish And Wildlife Service Announces Availability Of Draft Economic Analysis For Proposed Critical Habitat For Three Amphibian...

The U.S. Fish and Wildlife Service (Service) recently released its draft economic analysis (DEA) for its proposal to designate critical habitat for the Sierra Nevada yellow-legged frog (Rana sierrae), the northern distinct...more

Sage Grouse Controversy Continues

As we previously reported, the U.S. Fish and Wildlife Service (Service) has proposed to list the Gunnison sage-grouse (Centrocercus minimus) and the Greater sage-grouse (Centrocercus urophasianus) as endangered and threatened...more

U.S. Fish And Wildlife Service Extends Comment Period For Greater Sage-Grouse And Designates Critical Habitat For Franciscan...

Today, the U.S. Fish and Wildlife Service ("Service") announced the extension of the public comment period on the proposals to list and designate critical habitat for the the Bi-State Distinct Population Segment (DPS) of...more

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