News & Analysis as of

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

Two Final Rules Designate One of Largest Critical Habitat Areas in History

On Wednesday, two final rules were released designating critical habitat for the loggerhead sea turtle (Caretta caretta), a species listed as endangered under the Endangered Species Act (ESA). Together, the rules represent...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

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

U.S. Fish And Wildlife Service To Analyze Stakeholder Plan For Lesser Prairie-Chicken

The U.S. Fish and Wildlife Service (Service) announced that it will prepare an Environmental Impact Statement (EIS) on a proposed application for an Incidental Take Permit (ITP), including a Habitat Conservation Plan (HCP),...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

Bureau Of Land Management Continues To Develop A National Greater Sage-Grouse Planning Strategy

The Bureau of Land Management (BLM) today issued a draft Oregon Greater Sage-Grouse Land Use Plan Amendment and Environmental Impact Statement (LUP Amendment/EIS) for the Oregon Sub-Region. Once finalized, the LUP...more

U.S. Fish & Wildlife Service Lists 15 Hawaiian Species As Endangered

This week, the U.S. Fish & Wildlife Service (Service) listed (pdf) 15 species on the island of Hawaii as endangered under the Endangered Species Act (ESA). Among the species protected are the anchialine pool shrimp...more

FWS Application of “Baseline” Rule Minimizes Economic Impact of Critical Habitat Designation

The Endangered Species Act (ESA) explicitly prohibits the consideration of economic impacts in making the decision to designate a species as “endangered.” However, consideration of such factors is allowed in the designation...more

Government Issues Final Rule on Economic Impact Analyses for Endangered Species Act Habitat Designations

Because of its huge impact on land use, the designation of critical habitat is one of the most controversial and heavily litigated areas of the Endangered Species Act (ESA), as seen with the designation of millions of acres...more

Congress Continues To Probe The Endangered Species Act

Yesterday, the House Committee on Natural Resources held a second hearing regarding implementation and impacts of the Endangered Species Act. ...more

Comment Period Extended For Proposed Listing Of Gunnison Sage Grouse

On March 13, 2013, the U.S. Fish and Wildlife Service (Service) extended the public comment period for two proposed rules relating to the Gunnison sage-grouse (Centrocercus minimus). As we previously reported, the Service...more

District Court Upholds Federal Grant Of Right-Of-Way To Private Wind Energy Developer

In Sierra Club v. Kenna, 2013 U.S. Dist. LEXIS 4743, *1 (January 11, 2013), the United States District Court for the Eastern District of California upheld the Bureau of Land Management’s (BLM) grant of right-of-way over...more

U.S. Fish And Wildlife Service Issues Proposed Rule To List Zuni Bluehead Sucker As Endangered

On January 25, 2013, the United States Fish and Wildlife Service (Service) published a proposed rule to list the Zuni bluehead sucker (Catostomus discobolus yarrowi) as endangered under the Endangered Species Act (ESA). The...more

U.S. Fish And Wildlife Service Issues Proposed Rule To List Gunnison Sage-Grouse As Endangered

On January 11, 2013, the United States Fish and Wildlife Service (Service) published a proposed rule) to list the Gunnison sage-grouse (Centrocercus minimus) as endangered under the Endangered Species Act (ESA). As we...more

D.C. Circuit Rejects Challenge To Controversial ESA Settlement

On January 4, 2012, the United States Court of Appeals for the District of Columbia held that Safari Club International (Safari Club) lacked standing to intervene as a matter of right in the litigation that resulted in two...more

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