News & Analysis as of

Endangered Species Act (ESA)

Endangered Species Act/Notice of Intent to Sue: Environmental Groups Allege Violations Associated with Highway Construction

The Center for Biological Diversity (“CBD”) sent an October 16th Notice of Intent to Sue for Violations of the Endangered Species Act (“ESA”) in regards to the Longmeadow Parkway, Huntley Road and Illinois Route 62...more

Fish and Wildlife Service Makes 12-Month Findings, Denies ESA Protections for 25 Species

by Nossaman LLP on

On Thursday, October 5, 2017, the U.S. Fish & Wildlife Service (“Service”) announced 12-month “not warranted” findings on petitions to list 25 species as endangered or threatened under the Endangered Species Act (“ESA”). It...more

Climate change liability? The escape of the salmon

by DLA Piper on

Many industries are increasingly concerned with predicting the damage that climate change will cause to people, business and the environment. And businesses are asking themselves a related question: what can be done to...more

Endangered Species Act Reform - Wolves, Dollars, Data

by Nossaman LLP on

In July we reported on five bills that propose to amend various aspects of the Endangered Species Act: - H.R. 2603 – would remove listings of non-native species; - H.R. 717 – would modify the process for listing...more

Fish and Wildlife Service Proposes Denial of ESA Protections for Two Species

by Nossaman LLP on

On Friday, September 29, 2017, the U.S. Fish & Wildlife Service (“Service”) announced its withdrawal of the proposed rule listing the Kenk’s amphipod (Stygobromus kenki), an aquatic crustacean, as an endangered species under...more

Proposed Changes To The Endangered Species Act Pit Animals Against Industry

by Polsinelli on

Congressional Republicans have proposed five separate bills that, if passed, would reduce current protections for endangered and threatened species in the name of promoting business development and cost-saving. ...more

Schwabe Defends Tribal Sovereignty

The trial team of Brien Flanagan, Aukjen Ingraham and Sarah Lawson successfully stood up to outside parties attempting to interfere in the Navajo Nation’s economic activity. Federal Judge Steven Logan granted the Navajo...more

U.S. Fish and Wildlife Service Lists Three New Species; National Marine Fisheries Services Lists Subspecies of Hector’s Dolphin

by Nossaman LLP on

On September 20, 2017, the U.S. Fish and Wildlife Service (“USFWS”) listed three separate species under the Endangered Species Act (“ESA”). USFWS listed the Sonoyta mud turtle (Kinosternon sonoriense) as endangered, and the...more

Interstate Pipeline Project: Federal Appellate Court Addresses Challenge to State Water Quality Certification

The United States Court of Appeals for the 3rd Circuit (“Court”) addressed a challenge to a permit issued by the Pennsylvania Department of Environmental Protection (“DEP”) related to the proposed construction of an...more

Podcast Episode 7 - Water and Condemnation with Professor Vanessa Casado Perez

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 7, two of Locke Lord’s Dallas Partners, Clint Schumacher and Jeff Mead, talk with Professor Vanessa Casado Perez on Water and Condemnation....more

Ninth Circuit Defers to U.S. Fish and Wildlife Service's Distinct Population Segment Determination

by Nossaman LLP on

On August 28, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court decision upholding a U.S. Fish and Wildlife Service (“Service”) determination that the Sonoran Desert Area bald eagle does not...more

NMFS Issues Final Rule Designating Critical Habitat for the Atlantic Sturgeon

by Nossaman LLP on

On August 17, 2017, the National Marine Fisheries Service (NMFS) issued a final rule designating critical habitat for the endangered New York Bight, Chesapeake Bay, Carolina, and South Atlantic Distinct Population Segments...more

Fifth Circuit Vacates Preliminary Injunction Premised on Endangerment For Lack of Evidence

On August 9, the U.S. Court of Appeals for the Fifth Circuit, in an unpublished opinion, decided the case of Friends of Lydia Ann Channel v. U.S. Army Corps of Engineers, vacating the preliminary injunction issued by the U.S....more

NMFS issues final Atlantic sturgeon rule

by PretiFlaherty on

U.S. fisheries regulators have issued a final rule designating nearly 4,000 river miles in Atlantic watersheds as critical habitat for endangered and threatened Atlantic sturgeon. The rule increases regulatory complexity and...more

National Marine Fisheries Service Declines to List Pacific Bluefin Tuna

by Nossaman LLP on

On August 9, 2017, the National Marine Fisheries Service (NMFS) issued a 12-month finding on a petition to list the Pacific bluefin tuna (Thunnus orientalis) as an endangered or threatened species under the Endangered Species...more

Sage-Grouse: Short Flight for Pending 10 Million-Acre Withdrawal from General Mining Law?

by Stoel Rives LLP on

Secretary of the Interior Zinke has directed that the Bureau of Land Management immediately begin implementing the recommendations in his Sage-Grouse Review Team’s report, which was was released today, concerning the 2015...more

California Environmental Law and Policy Update - August 2017

by Allen Matkins on

Environmental and Policy Focus - Reversing course, EPA will not delay an Obama ozone rule - Washington Post - Aug 3 - The U.S. Environmental Protection Agency (EPA) has reversed its effort to delay Obama...more

Federal Appeals Court Keeps Great Lakes Grey Wolves Listed As Threatened

by Nossaman LLP on

On August 1, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision in Humane Society of the U.S. v. Zinke, Case No. 15-5041 (Aug. 1, 2017), affirming a district court decision that keeps the...more

Fixing Finances: The Department of Water Resources Seeks Validation of Bonds to Fund the California WaterFix Project

by Nossaman LLP on

The California Department of Water Resources (“DWR”) filed a validation action on July 21, 2017, in the Sacramento County Superior Court, seeking to confirm the validity of bonds it has authorized to finance the planning and...more

Dusky Gopher Frog’s Louisiana Critical Habitat Spawns U.S. Supreme Court Writ

by Liskow & Lewis on

A group of Louisiana landowners, Weyerhaeuser Company, and the Pacific Legal Foundation filed Petitions for Writs of Certiorari this month asking the U.S. Supreme Court to overturn the U.S. Fish and Wildlife Service’s (USFWS)...more

D.C. Circuit Court of Appeals Approves Endangered Species Act Delisting for Gray Wolves in Wyoming

by Clark Hill PLC on

In 2012, the U.S. Fish and Wildlife Service (Service), acting on behalf of the Secretary of the Interior, delisted the gray wolf in Wyoming as a protected species pursuant to the Endangered Species Act (ESA). Several...more

DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit

by Downey Brand LLP on

On July 21, 2017, the California Department of Water Resources (“DWR”) certified the final environmental document and issued its Notice of Determination for the California WaterFix, a significant new water infrastructure...more

USFWS Tentatively Supports ESA Reform Bills

by Nossaman LLP on

On July 19, 2017, the House Committee on Natural Resources held a full committee legislative hearing on five bills that would amend portions of the Endangered Species Act (ESA)....more

Environmental Law: H.R. 2936 a Solution to Fire-borrowing?

by Lewitt Hackman on

The federal House Natural Resources Committee (HNRC) recently passed H.R. 2936, a bill to improve the overall health of forests and other lands across the country. The bill was introduced by Bruce Westerman (R-AK), who is...more

House Passes California Water Bill

by Best Best & Krieger LLP on

Yesterday, the U.S. House of Representatives passed Rep. David Valadao’s (R-CA) Gaining Responsibility on Water Act. The legislation is co-sponsored by 14 members of the California Delegation, primarily Republicans. The...more

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