News & Analysis as of

Endangered Species Act (ESA) NOAA

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

Nossaman LLP

2023 Inflation Adjustments to Civil Penalties for Violations of Wildlife Protection Laws Announced

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This January, the Department of the Interior and the Department of Commerce announced updated civil monetary penalties for violations of federal wildlife and natural resource protection laws including the Endangered Species...more

Foley Hoag LLP - Environmental Law

FWS and NOAA Decide That “Habitat” Should Not Be Defined By Regulation: I Hope This Is Good News

This week, the Fish and Wildlife Service and the National Oceanic and Atmospheric Administration issued a rule rescinding the rule issued in 2020 defining “habitat” for the purposes of determining what constitutes “critical...more

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

U.S. Geological Survey Streamgaging Networks: 89 Organizations/Coalition Letter to United States Congress Supporting...

Eighty-nine organizations (collectively “Coalition”)two sent letters, respectively, to United States Senators Merkley and Murkowski, and Congresswoman Pingree and Congressman Joyce urging their support to enable the U.S....more

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

Endangered Species Act/Clean Water Act: Environmental Organizations Challenge the State of Washington's Cyanide Water Quality...

The Western Environmental Law Center and Center for Biological Diversity (collectively “CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of...more

Troutman Pepper

New Guidance on the Endangered Species Act for Existing Structures

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Section 7 of the Endangered Species Act (ESA) requires the Army Corps of Engineers (Corps) to consult with the National Oceanic and Atmospheric Administration Fisheries (NOAA) (together “Agencies) before undertaking work or...more

Nossaman LLP

Florida Man Faces Federal Prison, Fine For Killing Endangered Sawfish

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On November 1, 2019, Chad Ponce of Jacksonville, Florida pleaded guilty to killing a smalltooth sawfish (Pristis pectinata), an endangered species protected under the federal  Endangered Species Act (ESA) and Florida...more

Foley Hoag LLP - Environmental Law

Changes to ESA Regulations: How Significant Are They?

The Fish and Wildlife Service and the National Oceanic and Atmospheric Administration have released final rules amending significant parts of the regulations implementing the Endangered Species Act. How big an impact will...more

Downey Brand LLP

President Issues a Presidential Memoranda on Western Water (But Flood Is Mentioned)

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Amidst much fanfare, on Friday President Trump released a Presidential Memoranda (much like an Executive Order, yet different?) directing Federal agencies to work together to reduce regulatory burdens on Western water...more

Clark Hill PLC

Window On Washington - Vol. 2, Issue 32

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Outlook for This Week in the Nation's Capital - Appropriations. The Senate is expected to begin work this week on its next minibus appropriations bill- a package that would contain the Defense and Labor-HHS spending bills....more

Davis Wright Tremaine LLP

Trump Track: Look Before You Tweet, or How Not to Respond to Wild Fires

In a tweet released August 6, President Trump offered his analysis of how to combat the ongoing human and ecological tragedy of one worst fire seasons of record. The president then directed Commerce Secretary Wilbur Ross...more

Snell & Wilmer

Trump’s Regulatory Reform Initiatives Meet the Endangered Species Act

Snell & Wilmer on

The U.S. Fish and Wildlife Service and NOAA Fisheries jointly announced via conference call this morning the publication of proposed revisions to portions of their regulations that implement key sections of the Endangered...more

Clark Hill PLC

Scalpel or Machete? A Look at How the White House Wants to Cut Back the Environmental Permitting Process

Clark Hill PLC on

In his January 30, 2018 State of the Union address, the President declared that he had eliminated more regulations in his first year than any other administration’s first year. Part of that claim may arise out of a...more

Stoel Rives LLP

ESA Law Alert: Natural Resources Mitigation Policies Likely to be Rescinded by Trump Administration

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This week President Trump released the Energy Independence Executive Order that focuses on the Trump Administration’s energy strategy. Although much focus is on lifting the restrictions on American energy and on job...more

Nossaman LLP

Federal Court Strikes Down HCP: No Piggybacks Under Section 10

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While decisions dealing with lawsuits alleging violations of section 7 or section 9 of the Endangered Species Act (ESA) are rather common, it is far less common for courts to address suits under section 10. In fact, in any...more

Nossaman LLP

Federal Court Strikes Down Habitat Conservation Plan and Biological Opinion for Logging Project in Northern California

Nossaman LLP on

On April 3, 2015, a federal district court in California put the brakes on a proposed logging project, invalidating a habitat conservation plan and incidental take permit issued by the U.S. Fish and Wildlife Service (FWS) and...more

Nossaman LLP

Federal Agencies Revise Killer Whale Listing to Include Whales Held in Captivity

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On February 10, 2015, the National Marine Fisheries Service and the National Oceanic Atmospheric Administration (“Services”) issued a final rule (pdf) to include captive killer whales in the Southern Resident killer whale...more

Davis Wright Tremaine LLP

Comment Period Extended on Expansion of Critical Habitat Rules

The Fish and Wildlife Service and National Oceanic and Atmospheric Administration announced last week that they are extending the deadline for comments on new critical habitat rules from July 11 to October 9, 2014. The...more

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