Endangered Species Act

The Endangered Species Act is a United States federal statute enacted in 1973 to protect species at risk of extinction due to the consequences of economic growth and lack of habitat conservation.
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California Environmental Law & Policy Update - February 2015 #3

Environmental and Policy Focus: California lawmakers introduce sweeping new measures to increase renewable energy, cut fossil fuel use - San Jose Mercury News - Feb 10: Last Tuesday, California lawmakers unveiled a...more

Report by House Natural Resources Committee Highlights Shortcomings in Use of Peer Review Science by U.S. Fish and Wildlife...

On December 15, 2014, the House Natural Resources Committee majority staff published a report titled “Under the Microscope: An examination of the questionable science and lack of independent peer review in Endangered Species...more

The Oregon chub is the first fish species ever to be declared recovered and removed from threatened species listing

On February 17, 2015, the U.S. Fish and Wildlife Service announced its final decision to remove the Oregon chub (Oregonichthys crameri) from the Federal List of Endangered and Threatened Wildlife under the Federal Endangered...more

114th Congress Introduces Bill to Amend Endangered Species Act of 1973

On January 28, 2015, Congressman Bill Flores (R-TX) introduced House Bill H.R. 585, which seeks to amend the Endangered Species Act of 1973 (ESA) to establish a new procedure for approval of certain stipulated consent decrees...more

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

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

Case Could Alter the Reach of the Endangered Species Act

The U.S. District Court for the District of Utah attracted national attention with its November decision in People for the Ethical Treatment of Property Owners v. United States Fish and Wildlife Service, in which it ruled...more

Energy & Environmental Update - January 2015 #3

In This Issue: - Energy and Climate - Congress - Administration - Department of Commerce - Department of Energy - Department of Interior - Environmental Protection...more

Endangered Species Act Roundup: More Rules

Last week, the U.S. Fish and Wildlife Service (Service) published three new rules, continuing its flurry of activity from December.  January 16, 2015 – The Service issued a final rule listing the Mexican wolf (Canis...more

Energy & Environment Update - January 2015 #2

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Commerce - Department of Energy - Department of Treasury - Environmental Protection...more

Legislative Water Update

Conversations Among Federal Lawmakers May Lead to New Water Legislation - A number of conversations are occurring in the U.S. House of Representatives, and between the House and the U.S. Senate (particularly Rep. David...more

Supreme Court Denies Review of Ninth Circuit Delta Smelt Decision

On Monday, January 12, 2015, the U.S. Supreme Court denied two petitions seeking review of a Ninth Circuit decision upholding limits on water diversions from the Sacramento-San Joaquin Delta to protect the endangered Delta...more

Prairie Dogs vs. Congress

A recent ruling by a Utah federal judge, although directed at the Endangered Species Act (ESA), may have far-reaching implications on Congress' commerce clause powers. In a first-of-its-kind ruling, U.S. District Judge Dee...more

Fish & Wildlife Service Finds That Gnatcatcher Delisting May Be Warranted

Continuing the quarter century controversy over the listing of the Coastal California gnatcatcher (Polioptila californica californica) as a threatened subspecies, the U.S. Fish & Wildlife Service (FWS) has concluded that a...more

Endangered Species Act Year End Roundup: FWS Issues Findings on A Listing Petition and NMFS Issues A Correction

Coming in just under the wire for the New Year, the U.S. Fish & Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) published new rules on December 31, 2014, making December a very busy month for Endangered...more

Federal Court Holds U.S. Fish and Wildlife Service Violated Endangered Species Act by Delisting Gray Wolf in Nine States

The United States District Court for the District of Columbia recently held that the U.S. Fish and Wildlife Service (Service) violated the Endangered Species Act (ESA) when it issued a final rule delisting gray wolves in nine...more

National Marine Fisheries Service Lists Five Species of Sawfish as Endangered

The National Marine Fisheries Service (Service) recently published its final rule listing five species of sawfish as endangered under the Endangered Species Act (ESA). The final rule contains the Service’s determination that...more

District Court Limits Tiering of Biological Opinions

On December 5, 2014, a federal district court held that the U.S. Fish and Wildlife Service (FWS) failed to comply with the Endangered Species Act (ESA) when it relied entirely on existing programmatic biological opinions to...more

Utah Prairie Dog Could Narrow Endangered Species Act

A Utah federal court has created the potential for a constitutional showdown that could result in a significant narrowing of the Endangered Species Act and further limiting Congress’ power to legislate. In an unprecedented...more

Upcoming Listing Decision on Northern Long-Eared Bat May Have Far-Reaching Impacts on Industry

On Tuesday, November 18, 2014, the U.S. Fish and Wildlife Service (“Service”) announced the reopening of the comment period on the Service’s proposed rule to list the northern long-eared bat (“NLEB”). 79 Fed. Reg. 68657. ...more

Endangered Species Act Roundup – Three For the Price of One

Although there were some notable downperiods when it came to Endangered Species Act news over the past twelve months, the past few weeks have been anything but slow. Below are a few of the more recent newsworthy items that...more

Notice Period Doesn't Cause 9th Circ. To Pause on ESA

The decision by the Ninth Circuit in Alliance for the Wild Rockies v. U.S. Dep't of Agriculture, No. 13-35253 (9th Cir. Nov. 20, 2014), permitting plaintiffs to amend a complaint to add claims under the federal Endangered...more

NMFS Publishes Corrected Proposed Critical Habitat Designation for Arctic Ringed Seal

On December 9, 2014, the National Marine Fisheries Service (NMFS) and Secretary of Commerce published a revised proposed rule designating critical habitat for the Arctic Ringed Seal. The previous proposed rule was published...more

Court Holds Small Business Administration and Farm Service Agency Must Consult on Loan Guarantees

A federal district court in Arkansas recently issued a decision clarifying that the obligation to consult under section 7(a)(2) of the Endangered Species Act (ESA) extends to the Small Business Administration and the Farm...more

U.S. Fish and Wildlife Service Releases 2014 Threatened and Endangered Species Candidate List

On December 5, 2014 the U.S. Fish & Wildlife Service (USFWS) released its Fiscal Year 2014 Threatened and Endangered Species Candidate list. Under the Endangered Species Act (ESA), when the USFWS either receives a petition...more

National Marine Fisheries Service Issues Biological Opinion for Army Corps of Engineers’ Nationwide Permit Program

On November 24, 2014, the National Marine Fisheries Service (Service) issued a new Biological Opinion (BiOp) for the U.S. Army Corps of Engineers’ (Corps) Nationwide Permit Program under the Clean Water Act. The BiOp...more

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