News & Analysis as of

Endangered Species Act (ESA) Environmental Protection Agency (EPA)

Mitchell, Williams, Selig, Gates & Woodyard,...

Draft Insecticide Strategy to Reduce Exposure of Federally Listed Endangered/Threatened Species and Designated Critical Habitats...

The United States Environmental Protection Agency (“EPA”) released on July 25th a document titled: Draft Insecticide Strategy to Reduce Exposure of Federally Listed Endangered and Threatened Species and Designated...more

Nossaman LLP

EPA Releases Draft Insecticide Strategy to Reduce Impacts to ESA-listed Species

Nossaman LLP on

On July 24, 2024, the Environmental Protection Agency (EPA) published its Draft Insecticide Strategy to Reduce Exposure of Federally Listed Endangered and Threatened Species and Designated Critical Habitats from the Use of...more

Bergeson & Campbell, P.C.

EPA Announces Changes to When It Assesses Potential Exposure to Pesticide Spray Drift

when it assesses the potential for exposure to pesticide drift when it reviews new active ingredient pesticide registrations or makes decisions on new use directions for existing pesticide registrations. EPA states it will...more

Allen Matkins

California Environmental Law & Policy Update 6.21.24

Allen Matkins on

In an order filed Tuesday, U.S. District Judge Terrence Boyle denied a private property owner’s effort to enjoin the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers from enforcing their September 2023...more

Oberheiden P.C.

EPA Compliance in 2024: 10 Key Areas of Concern (and 5 Tips for Success)

Oberheiden P.C. on

Companies in a wide range of industries are subject to the oversight of the United States Environmental Protection Agency (EPA). The EPA enforces numerous environmental laws, environmental regulations, and executive orders to...more

Allen Matkins

California Considers Endangered Species Protection for Burrowing Owls - 2024 Land Use, Environmental & Natural Resources Update

Allen Matkins on

On March 5, 2024, six conservation groups filed a petition with the California Fish and Game Commission (the Commission) to request the implementation of legal protections for five populations of the western burrowing owl...more

Bergeson & Campbell, P.C.

EPA Announces Virtual Pesticide Program Dialogue Committee Meeting

On May 8, 2024, the U.S. Environmental Protection Agency (EPA) announced that it will hold a virtual public meeting of the Pesticide Program Dialogue Committee (PPDC) on June 5 and June 6, 2024, from 11:00 a.m. to 5:00 p.m....more

Allen Matkins

California Environmental Law & Policy Update 5.10.24

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) on Monday finalized tougher methane reporting standards that could increase the number of oil and gas companies that must pay fees for excess methane emissions....more

Mintz

EPA & the Army Corps of Engineers have less ability to protect wetlands than they've had in 40 years but Florida still isn't...

Mintz on

We're approaching the first anniversary of the Supreme Court's decision in Sackett v. EPA holding that, contrary to the view of EPA and the Army Corps of Engineers for the past 40 years, the Clean Water Act protects only...more

Dickinson Wright

Florida Loses Wetland Permitting Authority

Dickinson Wright on

In a landmark decision, a federal court has ruled against the Environmental Protection Agency (EPA) and U.S. Fish and Wildlife Service, determining that their approval of Florida’s takeover of the Clean Water Act wetlands...more

Snell & Wilmer

The Revocation of Florida’s Clean Water Act 404 Permitting Program: What It Means Moving Forward in Light of SCOTUS’ Recent...

Snell & Wilmer on

Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more

Bergeson & Campbell, P.C.

EPA Announces Its Implementation Approaches for Endangered Species Act Pesticide Policies

On February 7, 2024, U.S. Environmental Protection Agency (EPA) Assistant Administrator Michal Freedhoff announced the steps EPA is taking to incorporate stakeholder feedback and collaborate with other federal agencies on its...more

Holland & Knight LLP

D.C. Court Vacates Florida's Assumption of the Federal Clean Water Act Permit Program

Holland & Knight LLP on

The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more

Nossaman LLP

CBD Lawsuit Challenges Service’s Failure to Prevent Toxic Pesticides from Harming Endangered Species

Nossaman LLP on

On February 1, 2024, the Center for Biological Diversity (CBD) filed an amended complaint (Complaint) in the U.S. District Court of Arizona, alleging the U.S. Fish and Wildlife Service (Service) failed to timely analyze the...more

Bergeson & Campbell, P.C.

Comments Due October 13, 2023, on EPA’s Proposal to Register Novel Pesticide Technology for Potato Crops

The U.S. Environmental Protection Agency (EPA) announced on September 29, 2023, that it is proposing to register pesticide products containing the new active ingredient ledprona for three years, a timeframe consistent with...more

Bergeson & Campbell, P.C.

EPA Releases Final Guidance for New Pesticide Applications and Registration Review Activities That Require Endangered Species Act...

On September 14, 2023, the U.S. Environmental Protection Agency (EPA) announced the release of final guidance to improve the efficiency of EPA’s Endangered Species Act (ESA) analyses for new pesticide active ingredient...more

Allen Matkins

California Environmental Law & Policy Update 10.06.23

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) has finalized a rule that will provide the agency, its partners, and the public with a dataset of certain per- and polyfluoroalkyl substances (PFAS) manufactured and used in the...more

Obermayer Rebmann Maxwell & Hippel LLP

Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know

Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know - In recent months, the federal government has issued various regulations that developers need to consider before they...more

Allen Matkins

California Environmental Law & Policy Update 9.15.23

Allen Matkins on

The Biden administration is restoring significant state and tribal authority over water resources and expanding their leverage on infrastructure permitting decisions, including for pipelines. With a final rule announced this...more

Foley Hoag LLP - Environmental Law

EPA Must Consult With Other Agencies Before Issuing Water Quality Criteria: Is This an Example of Congressional Use of Behavioral...

Last month, Judge John Hunderaker held that the Endangered Species Act requires EPA to consult with the Fish and Wildlife Service and the National Marine Fisheries Service before issuing recommended water quality criteria. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act/Clean Water Act: Federal Court Addresses Challenge to U.S. Environmental Protection Agency Water Quality...

The United States District Court for the District of Arizona (“Court”) addressed in an August 18th Order an alleged violation by the United States Environmental Protection Agency (“EPA”) of the Endangered Species Act (“ESA”)....more

Allen Matkins

California Environmental Law & Policy Update 8.04.23

Allen Matkins on

In the nation’s first appellate case on the issue, the Ninth Circuit Court of Appeals on Monday ruled that the City and County of San Francisco (City) must meet limits set by the U.S. Environmental Protection Agency for...more

Allen Matkins

California Environmental Law & Policy Update - 7.07.23

Allen Matkins on

The California Air Resources Board (CARB) and the Truck and Engine Manufacturers Association said on Thursday that they had reached an agreement, referred to as the "Clean Truck Partnership," that gives new flexibility for...more

Beveridge & Diamond PC

EPA Proposes Pesticide Conservation Measures for Protected Species

Beveridge & Diamond PC on

Key Takeaways - What Happened: EPA proposed mitigation measures for pesticide use to minimize impacts to listed species....more

Perkins Coie

DC Court Holds That ESA Section 7 Does Not Give the “Benefit of the Doubt” to Listed Species

Perkins Coie on

The U.S. Court of Appeals for the District of Columbia Circuit issued an opinion on June 16, 2023, speaking to several important issues in administrative law. Confronting a challenge under the Endangered Species Act (ESA),...more

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