News & Analysis as of

Endangered Species Act (ESA) State Department of Fish and Wildlife

Oregon Fish and Wildlife Commission Removes Gray Wolf from State Endangered Species List

by Nossaman LLP on

On November 9, 2015, the Oregon Fish and Wildlife Commission (Commission) voted to remove the gray wolf (Canis lupus) from protection under the Oregon Endangered Species Act.  The Commission meeting lasted almost 10 hours,...more

Oregon Department of Fish and Wildlife Recommends Delisting the Gray Wolf

by Nossaman LLP on

On October 29, 2015, the Oregon Department of Fish and Wildlife (ODFW) announced that it believes that the gray wolf (Canis lupus) has met the criteria to be delisted from the state Endangered Species Act (Oregon ESA). Under...more

California Supreme Court Ponders Fully Protected Species Issues

by Nossaman LLP on

On September 2, 2015, the California Supreme Court heard oral argument in a case involving fully protected species that may have important state-wide implications. (Center for Biological Diversity v. Department of Fish and...more

Federal District Court Strikes Down Eagle Act Rule

by Perkins Coie on

On August 11, 2015, the U.S. District Court for the Northern District of California struck down the U.S. Fish and Wildlife Service’s so-called “30-Year Rule,” which had extended from 5 years to 30 years the duration of...more

California Fish and Game Commission Votes Not to Make Tricolored Blackbird Candidate for Listing

by Nossaman LLP on

Thursday, in response to a petition to list filed by the Center for Biological Diversity (CBD) in October 2014, the California Fish and Game Commission (Commission) determined not to make the tricolored blackbird (agelaius...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

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

by Nossaman LLP on

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

ESA Lawsuit Filed Challenging Operations At The Trinity River Fish Hatchery

by Nossaman LLP on

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

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

by Nossaman LLP on

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

Comment Period Extended For Proposed Listing Of Gunnison Sage Grouse

by Nossaman LLP on

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 Davis Wright Tremaine LLP on

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 Nossaman LLP on

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 Nossaman LLP on

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 Nossaman LLP on

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 Designates 9,600 Acres Of Critical Habitat For Coachella Valley Milk Vetch

by Nossaman LLP on

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 Nossaman LLP on

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 Nossaman LLP on

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

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 Nossaman LLP on

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 Nossaman LLP on

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 Nossaman LLP on

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 Nossaman LLP on

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 Nossaman LLP on

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 Nossaman LLP on

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 Nossaman LLP on

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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