News & Analysis as of

Critical Habitat Environmental Policies

Federal Appeals Court Keeps Great Lakes Grey Wolves Listed As Threatened

by Nossaman LLP on

On August 1, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision in Humane Society of the U.S. v. Zinke, Case No. 15-5041 (Aug. 1, 2017), affirming a district court decision that keeps the...more

ESA Reform Update

by Nossaman LLP on

Battle lines are being drawn in connection with ongoing efforts by lawmakers to reform the Endangered Species Act (“ESA”). In a letter addressed to the leaders of both houses of Congress, the Senate Environmental and Public...more

From IDOT to School Gardens: Providing Sanctuary for Monarch Butterflies

by Franczek Radelet P.C. on

The Illinois Department of Transportation (IDOT) recently joined a national campaign to protect endangered monarch butterflies. As of May 2017, IDOT is mowing only 15 feet from the edge of roadways, reducing the total amount...more

Hualapai Mexican Vole Removed from List of Endangered Species Due to Erroneous Listing

by Nossaman LLP on

On June 23, 2017, the U.S. Fish and Wildlife Service (Service) promulgated a long-awaited final rule to delist the Hualapai Mexican vole (Microtus mexicanus hualpaiensis) (HMV) due to the Service’s determination that the...more

U.S. Fish and Wildlife Service to Delist Yellowstone Grizzly Bear

by Nossaman LLP on

On June 22, 2017, U.S. Secretary of the Interior Ryan Zinke announced that the U.S. Fish and Wildlife Service (Service) will delist the Yellowstone population of the grizzly bear (Ursus arctos horribilis). According to the...more

U.S. Fish & Wildlife Service Reopens Comment Period for Five Proposed Rules

by Nossaman LLP on

Earlier this week, the U.S. Fish & Wildlife Service (Service) issued a notice in the Federal Register that it was reopening the comment period on five proposed rules for four plant species. Specifically, the proposed rules...more

National Marine Fisheries Service Proposes Revised Guidance for Recovery Plans

by Nossaman LLP on

On May 31, 2017, the National Marine Fisheries Service (NMFS) issued proposed revised guidance for the development of recovery plans as required by the Endangered Species Act (ESA). The proposal is aimed at prioritizing...more

Ninth Circuit Expands Tribal Treaty Rights in Culvert Decision That Threatens Economic and Industrial Development on Fish-Bearing...

by Stoel Rives LLP on

In the matter of United States et al. v. Washington, case number 13-35474, the U.S. Court of Appeals for the Ninth Circuit concluded in 2016 that in building and maintaining barrier culverts, the State of Washington had...more

Nevada Solar Project Survives Ninth Circuit Review Despite Impacts to Tortoise Connectivity

by Nossaman LLP on

On May 18, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment decision in favor of the Secretary of the Department of the Interior and other federal officials in an...more

Ninth Circuit Upholds the U.S. Fish and Wildlife Service’s Determination on the Whitebark Pine

by Nossaman LLP on

On April 28, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the United States District Court for the District of Montana’s finding that the U.S. Fish and Wildlife Service’s (Service) determination...more

ESA Round-Up – April 2017

by Nossaman LLP on

Despite a slow start to 2017, largely due to the White House Memorandum delaying the effective date of new regulations, the U.S. Fish and Wildlife Service (Service) is picking up steam.  In April 2017, the Service initiated...more

D.C. Circuit Reinstates Gray Wolf Delisting in Wyoming

by Nossaman LLP on

On March 3, 2017, the U.S. Court of Appeals for the District of Columbia Circuit upheld a final rule delisting the gray wolf in Wyoming under the Endangered Species Act (ESA). Defenders of Wildlife v. Zinke, No. 14-5300 (D.C....more

NMFS Publishes Cook Inlet Beluga Whale Recovery Plan

by Nossaman LLP on

On January 5, 2017, the National Marine Fisheries Service (NMFS) published notice of the availability of the final Recovery Plan for the Cook Inlet Beluga Whale (Delphinapterus leucas). The Endangered Species Act (ESA)...more

Texas Cactus and Three Other Species Proposed for Downlisting or Delisting by U.S. Fish and Wildlife Service

by Nossaman LLP on

On December 28, 2016, the U.S. Fish and Wildlife Service (Service) published a proposed rule to reclassify the Tobusch fishhook cactus (Sclerocactus brevihamatus ssp. tobuschii), downlisting the species from endangered to...more

Fish and Wildlife Service Proposes De-Listing the Black Capped Vireo

by Nossaman LLP on

On December 15, 2016, the U.S. Fish and Wildlife Service (Service) published a proposed rule to remove the black-capped vireo (Vireo atricapilla) from the list of Endangered and Threatened Species. The Service has concluded...more

USFWS Initiates Status Review for Lesser Prairie-Chicken

by Nossaman LLP on

The U.S. Fish and Wildlife Service (“Service”) recently published a positive 90-day finding on a petition to list the Lesser Prairie-Chicken (Tympanuchus pallidicinctus) and three distinct population segments as endangered...more

New Administration Means Big Changes for Endangered Species

by Nossaman LLP on

The election of Donald Trump as President, together with Republican majorities in the House and Senate, is likely to lead to important policy changes across a range of issues. While administration of the Endangered Species...more

U.S. Fish and Wildlife Service Adds Ten Species to the List of Endangered and Threatened Wildlife and Updates the Listings of Five...

by Nossaman LLP on

On November 2, 2016, the U.S. Fish and Wildlife Service (Service) issued a final rule adding ten species to the List of Endangered and Threatened Wildlife, and updating the listings of five other species. Of the ten new...more

Wolverine Status Review Reinitiated

by Nossaman LLP on

The distinct population segment of the North American wolverine (Gulo gulf luscus) has had a long and difficult history with the Endangered Species Act (ESA). However, things appeared to be changing in 2013, when, after...more

U.S. Fish and Wildlife Service Lists Two Species, Designates Critical Habitat for One Species

by Nossaman LLP on

On October 5, 2016, the U.S. Fish and Wildlife Service (Service) listed a beetle species as endangered, a fish species as threatened, and designated critical habitat for the fish species pursuant to the Endangered Species Act...more

U.S. Fish and Wildlife Service and National Marine Fisheries Service Revise Endangered Species Act Petition Process

by Nossaman LLP on

On September 27, 2016, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Agencies) published a final rule that revises the regulations governing the Endangered Species Act’s (ESA) petition process. ...more

U.S. Fish and Wildlife Service Proposes Threatened Status for San Fernando Valley Spineflower

by Nossaman LLP on

On September 15, 2016, the U.S. Fish and Wildlife Service (USFWS) proposed to list as threatened the San Fernando Valley spineflower (Chorizanthe parryi var. fernandina), a plant species native to Southern California, under...more

Environmental Groups to Sue Fish & Wildlife Service Over Listing of 417 Species

by Best Best & Krieger LLP on

Development Projects in California May be Impacted - In what could prove to have significant impacts to development and major public projects in California, the Center for Biological Diversity and other environmental...more

ESA Round Up – Recent Cases and Policy

by Nossaman LLP on

In the last several days there has been a flurry of end-of-summer activity, with federal courts issuing a number of Endangered Species Act (ESA) decisions: On September 2, 2016, the U.S. District Court for the Northern...more

California Environmental Law & Policy Update - September 2016

by Allen Matkins on

Environmental and Policy Focus - Governor Brown and lawmakers reach deal for California climate funds - San Diego Union-Tribune - Aug 31 - California lawmakers on Wednesday approved a $900 million spending...more

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