News & Analysis as of

Critical Habitat ESA Listings

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

Texas Federal Court Grants Preliminary Injunction Based On Sea Turtle Concerns

by Nossaman LLP on

On March 13, 2017, the U.S. District Court for the Southern District of Texas granted a preliminary injunction relying primarily on Endangered Species Act (ESA) claims, halting operation of a mooring project on the Lydia Ann...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

Fifth Circuit Issues Contentious Dissent Over Designation of Louisiana Land

by Nossaman LLP on

On June 13, 2016, the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision, held that the U.S. Fish and Wildlife Service (FWS) had properly included approximately 1,500 acres in Louisiana as designated critical...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

2016 Year-End ESA Round-Up

by Nossaman LLP on

The last few weeks of 2016 involved several activities relating to the Endangered Species Act (ESA), including the following: On December 27, 2016, the U.S. Fish and Wildlife Service (FWS) issued the final ESA...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

U.S. Fish and Wildlife Service Issues Annual Candidate Notice

by Nossaman LLP on

The Candidate Notice of Review is an annual appraisal by the U.S. Fish and Wildlife Service (Service) of plants and animals that are candidates for Endangered Species Act protection. A “candidate” species is a species for...more

New Mexico Department of Game and Fish Challenges U.S Fish and Wildlife’s Release of Mexican Wolves

by Nossaman LLP on

Pending before the U.S. Court of Appeals for the Tenth Circuit is the U.S. Fish and Wildlife Service’s (“Service”) appeal from a district court decision enjoining the Service from releasing Mexican wolves into New Mexico...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

Use of long-term climate projections for bearded seal listing not necessarily a bellwether for Endangered Species Act decisions

The Ninth Circuit this week upheld a National Marine Fisheries Service decision to list the Pacific bearded seal as threatened under the Endangered Species Act based primarily on threats from climate change, reversing a...more

Ninth Circuit Upholds Listing Decision Based on End of Century Climate Change Predictions

by Nossaman LLP on

On October 24, 2016, the United States Court of Appeals for the Ninth Circuit upheld the National Marine Fisheries Service (Service) determination listing the Beringia Distinct Population Segment (DPS) of the Bearded Seal...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

FWS Goes Back to Square One On Listing the Wolverine. It’s Not Going to Be Any Easier This Time Around.

As we noted in this space in April, Judge Dana Christensen vacated the Fish and Wildlife Service’s decision to withdraw its proposed listing of a distinct population segment of the North American wolverine as threatened under...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

National Marine Fisheries Service and U.S. Fish and Wildlife Service Propose Listing One Hawaiian Species and Four Marine Species

by Nossaman LLP on

On September 19, 2016, the National Marine Fisheries Service (NMFS) published proposed rules to list two species of dolphin and two species of guitarfish under the Endangered Species Act (ESA). NMFS proposes to list the...more

ESA Roundup – Listing Decisions and Recovery Actions

by Nossaman LLP on

The U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) have issued listing decisions on a number of species under the Endangered Species Act (ESA) in recent days, and USFWS has announced...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

Northern Spotted Owl Listed As a Threatened Species Under the California Endangered Species Act

by Nossaman LLP on

On August 25, 2016, the California Fish and Game Commission (Commission) voted unanimously to list the northern spotted owl (Strix occidentalis caurina) as a threatened species under the California Endangered Species Act. ...more

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