Critical Habitat ESA Listings

News & Analysis as of

Lesser Prairie-Chicken Appeal Abandoned

After filing an appeal with the U.S. Court of Appeals for the Fifth Circuit less than two weeks prior, on May 10, 2016, the U.S. Fish and Wildlife Service (Service) filed an unopposed motion to voluntarily dismiss its appeal...more

U.S. Fish and Wildlife Service Designates Critical Habitat for the Oregon Spotted Frog

On May 11, 2016, the U.S. Fish and Wildlife Service (Service) issued a final rule designating approximately 65,038 acres and 20.3 river miles of critical habitat for the Oregon spotted frog (Rana pretiosa). The acres and...more

Long Awaited Eagle Rule Revamp Out for Public Comment

On May 6, 2016, the U.S. Fish and Wildlife Service (“Service”) published its proposed revisions to the Bald and Golden Eagle Protection Act (“BGEPA”) permit program.  The stated intention of these proposed revisions is to...more

Congressional Hearings to be Held on New Critical Habitat Rules and Delisting under the Endangered Species Act

This week, two congressional committees are holding three separate hearings on issues related to the Endangered Species Act (ESA). On April 19, the House Committee on Natural Resources will hold an oversight hearing entitled...more

Court Rejects ESA Challenge to County’s Local Land Use Planning

On April 8, the United States District Court for the Middle District of Florida held that Collier County’s (County) land use planning regulations were complimentary, not contrary to the Endangered Species Act (ESA). The...more

The Wolverine Takes on Climate Change: Montana District Court Remands Withdrawal of Proposed Listing Rule

On April 4, 2016, the U.S. District Court for the District of Montana vacated the U.S. Fish and Wildlife Service’s (Service) August 13, 2014 withdrawal of its proposed rule to list the distinct population segment of the North...more

U.S. Fish and Wildlife Service Issues 12-Month Findings on Four Species

On April 5, 2016, the U.S. Fish and Wildlife Service (Service) issued 12-month findings on petitions to list the island marble butterfly (Euchloe ausonides insulanus), the San Bernardino flying squirrel (Glaucomys sabrinus...more

U.S. Fish and Wildlife Service Designates Critical Habitat for 125 Hawaiian Species

On March 30, 2016, the U.S. Fish and Wildlife Service (“Service”) issued a final rule designating critical habitat for 125 species listed as endangered or threatened under the Endangered Species Act (“ESA”) on the Hawaiian...more

Ninth Circuit Reinstates Polar Bear Habitat Designation, ESA Implications for the West

In a decision that could result in significant new restrictions on development activities in the Arctic as well as set important Endangered Species Act (ESA) precedent in the Western United States, the U.S. Court of Appeals...more

U.S. Fish and Wildlife Service Issues Proposed Listings and Designates Critical Habitat Pursuant to 2011 Listing Settlement...

During the last week of its fiscal year, the U.S. Fish and Wildlife Service (“Service”) made several findings under section 4 of the Endangered Species Act (“ESA”) to meet its obligations under the 2011 listing settlement...more

Greater Sage-Grouse Avoids ESA Listing

The U.S. Fish and Wildlife Service (“Service”) announced on Tuesday, September 22, 2015, that it would not list the greater sage-grouse under the Endangered Species Act (“ESA”). This decision represents a change of direction...more

Greater Sage-Grouse Avoids Listing through “Unprecedented” Collaborative Conservation Efforts

On September 22, 2015, Secretary of the Interior Sally Jewell announced that the greater sage-grouse (Centrocercus urophasianus) does not warrant protection under the Endangered Species Act (ESA).  The Department of the...more

Birds of a Feather? Greater Sage-Grouse Decision Shows That Conservation and Energy Development Can Flock Together

On September 22, energy developers in the West breathed a sigh of relief when the U.S. Fish and Wildlife Service (FWS) announced that the greater sage-grouse does not require protection under the Endangered Species Act (ESA)....more

U.S. Fish and Wildlife Service Issues 90-Day Findings on Petitions to List 25 Plant and Animal Species

On September 18, 2015, the U.S. Fish and Wildlife Service (Service) issued 90-day findings on 25 petitions to list various plants and animals under the Endangered Species Act (ESA). Of the 25 petitions, the Service concluded...more

U.S. Fish and Wildlife Service Finds Listing of New England Cottontail Not Warranted Due to Species Recovery From Conservation...

On September 15, 2015, the U.S. Fish and Wildlife Service (Service) published (pdf) its 12-month finding on a petition to list the New England cottontail (Sylvilagus transitionalis) as an endangered or threatened species...more

Court Vacates Final Rule Listing Lesser Prairie Chicken

On September 1, the U.S. District Court for the Western District of Texas, Midland Division vacated the U.S. Fish and Wildlife Service’s (“Service”) Final Rule listing the Lesser Prairie Chicken (“LPC”) as threatened. The...more

Greater sage-grouse and land use in the inter-mountain west

The greater sage-grouse—a ground-dwelling, chicken-like bird—has been the focus of controversy pitting conservation against energy development and ranching interests across the inter-mountain west. The greater sage-grouse’s...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

Citing Conservation Plan and $45 Million in Funding, FWS Concludes Listing for Bi-State Population of Greater Sage Grouse is...

While the larger controversy is far from over, for the California and Nevada populations of the greater sage grouse (Centrocercus urophasianus), the controversy does appear to be put to rest. In 2013, the U.S. Fish and...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - New Critical Habitat for Gulf of Maine Atlantic Sturgeon to be Designated - The National Marine Fisheries Service (NMFS) has agreed to designate critical habitat...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

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

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