Department of Fish and Wildlife

News & Analysis as of

Is A 16% Reduction in GHG Emissions From "Business-As-Usual" Enough Under CEQA?

Our previous post on the Second District Court of Appeal’s decision in Center for Biological Diversity v. Department of Fish & Wildlife, No. B245141 (Mar. 20, 2014), highlighted the court’s holdings on California...more

En Banc Ninth Circuit Holds ESA Consultation Requirement Applies to Renewal of Long-Term Water Contracts

In a unanimous decision, eleven active judges on the United States Court of Appeals for the Ninth Circuit held that the duty to consult under section 7(a)(2) of the Endangered Species Act (ESA) when a federal agency action...more

Court Clarifies "Taking" Of Endangered Species And Highlights What's "Enough" Under CEQA

In Ctr. for Biological Diversity v. Dep’t of Fish & Wildlife, No. B245141 (Cal. Ct. App. 2d Dist. Mar. 20, 2014), the appellate court reversed the trial court’s decision, which found that the Department of Fish and Wildlife’s...more

Court of Appeal Confirms AB 32 Target Is Proper CEQA Significance Threshold

The strongly worded opinion in Center for Biological Diversity v. California Department of Fish and Wildlife (Case Number B245131)(CBD v. CDFW) by the Court of Appeal of California, Second Appellate District has confirmed...more

In Massachusetts, Regulatory Agencies Are Still (Almost) Always Right

The Massachusetts Endangered Species Act, or MESA, is similar in some respects to the federal ESA, but is definitely its own kettle of (endangered) fish. Indeed, after the decision by the Supreme Judicial Court yesterday in...more

California Department of Fish and Wildlife Increases CEQA Document Filing Fees

Filing Fees for CEQA Notices of Determination Increase Effective January 1, 2014 - Effective January 1, 2014, the California Department of Fish and Wildlife (DFW) has increased its filing fees for all CEQA Notices of...more

California Environmental Law and Policy Update - November 19, 2013

Environmental and Policy Focus - California Court Upholds State's Authority to Sell Carbon Allowances at Auction: Reuter's - Nov 14 -- The California Air Resources Board (ARB) can sell carbon emission allowances at...more

U.S. Fish And Wildlife Service Proposes To List The Vandenberg Monkeyflower As Endangered

Yesterday, the U.S. Fish and Wildlife Service issued two proposed rules for the Vandenberg monkeyflower (Diplacus vandenbergensis), a small annual herb only known to occur at nine locations in western Santa Barbara County. ...more

California Department Of Fish And Wildlife Begins Process Of Updating The California Wildlife Action Plan

The California Department of Fish and Wildlife (CDFW) has begun the process of updating California’s Wildlife Action Plan, a guidance document that sets goals for improving the state’s wildlife resources. CDFW is holding a...more

Environmental Law Alert: Oregon HB 3086 Allows Consideration of Off-Site Mitigation for Sage Grouse Habitat

Over 40 percent of the lands in Malheur County have been designated as core habitat for sage grouse by the Oregon Department of Fish and Wildlife ("ODFW"). Other counties in southeastern Oregon are also heavily affected....more

Citing Increasing Threats From Urbanization, the U.S. Fish and Wildlife Service Lists Two Central Texas Salamanders Pursuant to...

Recent U.S. Fish and Wildlife Service (service) actions pursuant to the Federal Endangered Species Act (ESA) have the potential to significantly affect public and private development in Central Texas, as well as any other...more

U.S. Fish & Wildlife Service Extends Comment Period For Proposed Listing Of Gunnison Sage-Grouse

The U.S. Fish and Wildlife Service (Service) announced this week that it will extend for six months a final decision on whether to list the Gunnison sage-grouse (Centrocercus minimus) under the Endangered Species Act (ESA),...more

ESA Lawsuit Filed Challenging Operations At The Trinity River Fish Hatchery

The Trinity River Hatchery, which is operated by the California Department of Fish and Wildlife and funded by the U.S. Bureau of Reclamation, has a production capacity of approximately 40 million salmonid eggs....more

The New 2013 Eagle Conservation Plan Guidance: Certainty for the Industry or Dust in the Wind?

The new Eagle Conservation Plan Guidance issued by the U.S. Fish & Wildlife Service (“FWS”) presents an interesting question for wind project developers and operators – does it really provide greater certainty and reduce...more

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

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

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

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

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

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

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

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

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

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

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

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

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