Endangered Species Act

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

by Ashley Remillard | Nossaman LLP on 5/14/2013

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

Energy And Environment Update -- May 6, 2013

by Jordan Collins, David Leiter, Neal Martin, Bryan M. Stockton | Mintz Levin - Environmental Law on 5/8/2013

In This Issue: Energy & Climate Debate; Congress; Administration; Department of Energy; Environmental Protection Agency; Department of Interior; Department of Defense; Nuclear Regulatory Commission; Federal Energy...more

Court Dismisses Suit For Failure To Strictly Comply With 60-Day Notice Requirement

by David Miller | Nossaman LLP on 5/7/2013

In Klamath Siskyou Wildlands Center v. MacWhorter, 1:12-cv-1900 (pdf), the United States District Court for the District of Oregon granted a motion to dismiss plaintiffs’ suit alleging that the U.S. Forest Service (USFS)...more

U.S. District Court Dismisses ESA Section 7 Claims Brought Against The EPA

by Erik Beck | Nossaman LLP on 5/2/2013

In Center for Biological Diversity v. Environmental Protection Agency, the United States District Court for the Northern District of California dismissed with leave to amend a suit alleging that the Environmental Protection...more

Q&A With Morrison & Foerster's Chris Carr

by Morrison & Foerster LLP on 4/29/2013

Chris Carr is co-chairman of the Morrison & Foerster LLP's cleantech group and chairman of the firm's environment and energy group. Carr has focused his practice on permitting and litigation under the federal Endangered...more

Federal Court Holds Local Law Preempted By ESA Settlement

by Ben Rubin | Nossaman LLP on 4/18/2013

The Palila (Loxioides bailleui) is a small bird native to Hawaii that was listed as endangered in 1967. In 1998, the U.S. District Court for the District of Hawaii, pursuant to a stipulation submitted by the parties, issued...more

Federal Court Denies Joint Motion For Consent Decree Regarding The Marbled Murrelet

by Ashley Remillard | Nossaman LLP on 4/15/2013

In American Forest Resources Council v. Ashe, 1:12-cv-00111 (D.D.C. Mar. 30, 2013), the United States District Court for the District of Columbia denied a joint motion for a consent decree regarding the critical habitat...more

Court Grants Federal Government Additional Year To Issue New Biological Opinions For California Water Projects

by Paul Weiland | Nossaman LLP on 4/10/2013

On April 9, 2013, the United States District Court for the Eastern District of California ruled on a motion by the United States and the State of California to extend the period of time to issue new biological opinions...more

Changes in TPDES General Construction Permit Require Endangered Species Act Consideration

by Alan Glen, Brooke Wahlberg | Sedgwick LLP on 4/9/2013

On February 19, 2013, the Texas Commission on Environmental Quality (TCEQ) issued a revised Texas Pollution Discharge Elimination System (TPDES) Construction General Permit TXR150000 (Permit). This new Permit, effective...more

The Aransas Project v. Shaw: An Endangered Species Act Decision With Potential Implications for Water Rights

by Laura Evans, Alan Glen, Michael Klein | Sedgwick LLP on 4/5/2013

Last month, a federal district court in Texas ruled that state regulators proximately caused an unlawful “take” of listed whooping cranes in violation of the Endangered Species Act (ESA) because the state surface water permit...more

U.S. Fish And Wildlife Service Proposes To Designate Almost 740 Miles Of Critical Habitat For The Loggerhead Sea Turtle

by Katrina Diaz | Nossaman LLP on 4/2/2013

On March 25, 2013, the U.S. Fish and Wildlife Service (Service) published a proposed rule to designate critical habitat for the Northwest Atlantic Ocean Distinct Population Segment of the loggerhead sea turtle (Caretta...more

House Republicans Introduce ESA Settlement Reform Bill

by Ashley Remillard | Nossaman LLP on 4/1/2013

On March 21, 2013, Representatives Bill Flores (R-TX), John Carter (R-TX), K. Michael Conaway (R-TX), Mac Thornberry (R-TX), and Steve Pearce (R-NM) introduced a bill to curtail allegedly excessive Endangered Species Act...more

Fifth Circuit Stays Injunction In Whooping Crane Case

by Paul Weiland | Nossaman LLP on 3/28/2013

The United States Court of Appeals for the Fifth Circuit stayed an injunction issued by the United States District Court for the Southern District of Texas requiring the State to prepare a habitat conservation plan for the...more

U.S. District Court Holds U.S. Fish And Wildlife Service's Decision To Delay Revisions To Critical Habitat Is Not Judicially...

by Erik Beck | Nossaman LLP on 3/28/2013

The U.S. Fish and Wildlife Service (Service) prevailed on March 19th in a suit brought by the Sierra Club challenging a decision by the Service to delay revision of the critical habitat designation for the leatherback sea...more

Comment Period Extended For Proposed Listing Of Gunnison Sage Grouse

by David Miller | Nossaman LLP on 3/19/2013

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 Richard Glick | Davis Wright Tremaine LLP on 3/11/2013

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. District Court Denies Motion To Limit ESA Claims To Administrative Record

by Katrina Diaz | Nossaman LLP on 3/11/2013

In Conservation Congress v. U.S. Forest Service, No. CIV. 2:12-02416 (E.D. Cal. Feb. 26, 2013), the United States District Court for the Eastern District of California denied a motion brought by the U.S. Forest Service and...more

Clear Lake Hitch Becomes Candidate For Protection Under California Endangered Species Act

by Erik Beck | Nossaman LLP on 3/8/2013

The California Fish & Game Commission (Commission) voted this week to designate the Clear Lake hitch (Lavinia exilicauda)—a fish found only in Clear Lake and its tributaries—as a candidate species under the California...more

Ninth Circuit Orders Endangered Species Act Case To Be Reheard En Banc

by Ashley Remillard | Nossaman LLP on 3/7/2013

On March 5, 2013, the United States Court of Appeals for the Ninth Circuit ordered Natural Resources Defense Council v. Salazar, 1:05-cv-01207, to be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and...more

Federal Circuit Affirms Dismissal Of ESA Fifth Amendment Takings Claim

by Ben Rubin | Nossaman LLP on 3/5/2013

On February 27, 2013, the U.S. Court of Appeals for the Federal Circuit affirmed the dismissal of a Fifth Amendment takings claim based on the finding that the claim was "not ripe." The claim is unusual because it arose in...more

U.S. Fish And Wildlife Service Proposes Removal Of Island Night Lizard

by David Miller | Nossaman LLP on 3/4/2013

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

Great White Shark Protected Under California Endangered Species Act

by Ashley Remillard | Nossaman LLP on 3/4/2013

On March 1, 2013, the great white shark (Carcharodon carcharias) received protection under the California Endangered Species Act (CESA). The protections prohibit anyone from hunting, pursuing, or otherwise harming the...more

Court Of Appeal Upholds Polar Bear Listing Based On Climate Change Impacts

by Robert Thornton | Nossaman LLP on 3/1/2013

In a major victory for advocates of regulatory action to address climate change, the Court of Appeals for the District of Columbia Circuit rejected challenges to the listing of the polar bear as a threatened species. ...more

ESA Legislation Proposed To Prohibit Certain Settlements And Awards

by Ben Rubin | Nossaman LLP on 2/28/2013

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 Ashley Remillard | Nossaman LLP on 2/25/2013

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

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