Department of Fish and Wildlife

U.S. Fish And Wildlife Service Proposes Limited Exception To Endangered Species Act Protections For Lesser Prairie-Chicken

by Ashley Remillard | Nossaman LLP on 5/14/2013

On May 6, 2013, the U.S. Fish and Wildlife Service (Service) proposed a limited exception to the Endangered Species Act (ESA) protections currently being considered for the lesser prairie-chicken (Tympanuchus pallidicinctus)....more

California Environmental Law and Policy Update - April 8, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 4/9/2013

In This Issue: Environmental and Policy Focus - EPA proposes rules to lower sulfur in fuel; Home Depot pays $8 million to settle California paint lawsuit; Center for Biological Diversity sues federal government over...more

Infrastructure Alert - March 26, 2013

by Cozen O'Connor on 3/26/2013

This Friday, President Obama will visit the Port of Miami. On July 19, 2012, President Obama put the Port of Miami on his “We Can’t Wait” list of expedited infrastructure projects to instruct the Army Corps of Engineers to...more

Comment Period Extended For Proposed Listing Of Gunnison Sage Grouse

by David Miller | Nossaman LLP on 3/19/2013

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

First Oregon, Now Washington Water Quality Standards Under Attack

by Richard Glick | Davis Wright Tremaine LLP on 3/11/2013

On February 26, in a reprise of its partially successful assault on Oregon water quality standards, Northwest Environmental Advocates sent a Notice of Intent to Sue EPA for alleged violations of the Clean Water Act and...more

U.S. Fish And Wildlife Service Proposes Removal Of Island Night Lizard

by David Miller | Nossaman LLP on 3/4/2013

The U.S. Fish and Wildlife Service (Service) recently proposed to remove the island night lizard (Xantusia riversiana) from its current listing as threatened under the Endangered Species Act (ESA). The proposed removal is...more

ESA Legislation Proposed To Prohibit Certain Settlements And Awards

by Ben Rubin | Nossaman LLP on 2/28/2013

Yesterday, a Republican Senator from Texas, John Cornyn, introduced a bill that would prohibit the U.S. Fish and Wildlife Service from settling environmental lawsuits without first publishing the complaint "in a readily...more

U.S. Fish And Wildlife Service Issues Special Final Rule To Manage The Polar Bear

by Ashley Remillard | Nossaman LLP on 2/25/2013

On February 20, 2013, the U.S. Fish and Wildlife Service (Service) issued a final special rule to manage the polar bear (Ursus maritimus), which is listed as threatened under the Endangered Species Act (ESA). The rule...more

U.S. Fish And Wildlife Service Approves Habitat Conservation Plan

by Ben Rubin | Nossaman LLP on 2/18/2013

On February 14, 2013, the U.S. Fish and Wildlife Service announced that it had approved a Habitat Conservation Plan (HCP) and incidental take permit (ITP) for the Edwards Aquifer Recovery Implementation Program. In addition...more

U.S. Fish And Wildlife Service Designates 9,600 Acres Of Critical Habitat For Coachella Valley Milk Vetch

by Erik Beck | Nossaman LLP on 2/15/2013

The U.S. Fish and Wildlife Service (FWS) designated approximately 9,600 acres as critical habitat for the endangered Coachella Valley milk vetch (Astragalus lentifinosus var. coachellae). The critical habitat designation...more

California Fish And Game Commission Makes Great White Shark A Candidate Under California Endangered Species Act

by Ashley Remillard | Nossaman LLP on 2/8/2013

On February 6, 2013, the California Fish and Game Commission (Commission) voted to make the great white shark (Carcharodon carcharias) a candidate for protection under the California Endangered Species Act (CESA). The...more

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

by Sue Meyer | Nossaman LLP on 2/7/2013

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

Wind Projects: Bald Eagles Don't Surf

by J. Wylie Donald | McCarter & English: Climate Change &... on 2/6/2013

One would think that preliminary estimates of bird fatalities at a proposed 78 MW wind farm in southeastern Minnesota were hardly news. After all, there are over 60,000 MW of wind energy installed in the United States. But...more

Service Proposes To List Wolverine As Threatened Species

by Ben Rubin | Nossaman LLP on 2/3/2013

On February 1, 2013, the U.S. Fish and Wildlife Service announced its proposal to list the wolverine (Gulo gulo luscus) as a threatened species under the Endangered Species Act. The proposed listing is the result of a...more

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

by Katrina Diaz | Nossaman LLP on 2/1/2013

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

Court Vacates Critical Habitat Designation For Polar Bear

by Ben Rubin | Nossaman LLP on 1/31/2013

On January 10, 2013, the United States District Court for the District of Alaska issued an order vacating the U.S. Fish and Wildlife Service's critical habitat designation for the polar bear after concluding that the Service...more

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

by David Miller | Nossaman LLP on 1/23/2013

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

Ninth Circuit Upholds Idaho Roadless Rule, Finding U.S. Fish And Wildlife's Reliance On U.S. Forest Service Commitments Reasonable

by Ashley Remillard | Nossaman LLP on 1/18/2013

In Jayne v. Sherman, --- F.3d ---, 2013 U.S. App. Lexis 417, *1 (9th Cir. Jan. 7, 2013), the United States Court of Appeals for the Ninth Circuit upheld a biological opinion issued by the U.S. Fish and Wildlife Service (FWS)...more

D.C. Circuit Rejects Challenge To Controversial ESA Settlement

by Ben Rubin | Nossaman LLP on 1/14/2013

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

California Department Of Fish And Wildlife Recommends Listing Northeastern Pacific Population Of White Sharks As Endangered Or...

by Katrina Diaz | Nossaman LLP on 1/13/2013

The California Department of Fish and Wildlife (Department) has determined that there is sufficient scientific information to petition to list the Northeastern Pacific (NEP) population of white sharks (Carcharodon carcharias)...more

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