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Endangered Species National Environmental Policy Act

Nossaman LLP

On-Demand Webinar | Recent Updates to Federal Environmental and Natural Resource Regulations

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Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape...more

Nossaman LLP

Advocacy Groups File Endangered Species Act Suit Against Virginia Offshore Wind Project

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On March 18, three advocacy organizations and their members filed a lawsuit challenging an offshore wind project against the National Marine Fisheries Service (NMFS) and the Bureau of Ocean Energy Management (BOEM). The...more

Meyers Nave

State Adopts Expansive CEQA Infrastructure Streamlining Plan

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On July 10, Governor Newsom signed five California Environmental Quality Act (CEQA) reform bills (SB 145, 146, 147, 149 & 150) as part of an infrastructure streamlining plan that the Governor’s office has called the “the...more

Holland & Knight LLP

The Final Content of California's Budget-Revised Infrastructure and CEQA Reform Trailer Bills

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As stated in Holland & Knight's recent alert detailing Gov. Gavin Newsom's package of 11 bills to amend the venerable California Environmental Quality Act (CEQA), meaningful reforms to CEQA have eluded all past governors in...more

Nossaman LLP

National Oceanic and Atmospheric Administration to Release Plans for Chumash Heritage National Marine Sanctuary

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The National Oceanic and Atmospheric Administration (NOAA) anticipates releasing the Draft Designation Documents for the proposed Chumash Heritage National Marine Sanctuary. A draft proposed rule and management plan for...more

Sheppard Mullin Richter & Hampton LLP

NEPA Amendments Aim to Streamline Environmental Review but Largely Codify the Status Quo

Recent amendments to the National Environmental Policy Act (NEPA), which Congress included in the Fiscal Responsibility Act of 2023 (FRA), aim to streamline federal environmental review by imposing time limits, clarifying the...more

Nossaman LLP

Massachusetts Court Rejects Endangered Species Act Challenge to Offshore Wind Project

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On Wednesday, May 17, 2023, the federal District Court for the District of Massachusetts granted summary judgment in favor of the United States Bureau of Ocean Energy Management (“BOEM”) and Vineyard Wind, and denied summary...more

Nossaman LLP

Department of the Interior Releases Hefty Agenda

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On December 10, 2021, the Biden Administration released the Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which is a semi-annual compilation of information concerning regulations and policy...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Law – The Year in Review

JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more

Bracewell LLP

Changes to Expect in Environmental Litigation Under Biden

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One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more

Nossaman LLP

[Webinar] Adapting Your Linear Infrastructure Projects to Changing Regulatory Frameworks - July 30th, 11:00 am - 12:30 pm PT

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Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges in recent months. Some of these challenges stem from changes in...more

Nossaman LLP

Transmission Line Permit Invalidated, USFWS Ordered to Redo Endangered Species Act Analyses

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On June 17, 2020, a federal court in Colorado vacated an incidental take permit (ITP) issued to the Nebraska Public Power District (NPPD) authorizing take of the endangered American burying beetle (ABB) that could occur in...more

Nossaman LLP

USFWS proposes to codify Trump Administration position on MBTA

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Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more

Snell & Wilmer

Bird Trouble: Trump Administration Plans for Greater Sage Grouse Shot Down by Federal Court; States Take a Shot Too

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The greater sage-grouse is a chicken-like bird that is currently found in 11 western states. For more than 25 years, there has been considerable controversy concerning whether to list the greater sage-grouse for protection...more

Foley Hoag LLP - Environmental Law

Sage Grouse Protections Restored; Another Hasty Regulatory Rollback Is Rolled Back.

Last week, Federal District Court Judge B. Lynn Winmill granted a preliminary injunction to various NGOs, barring the Bureau of Land Management from implementing amendments BLM had made in 2019 to protection plans for the...more

Nossaman LLP

Colorado Court Vacates Eagle Permit

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On December 13, 2018, the United States District Court for the District of Colorado vacated an eagle take permit issued by the U.S. Fish and Wildlife Service (“Service”) authorizing a construction company to disturb a pair of...more

Nossaman LLP

Federal Court finds that U.S. Fish and Wildlife Service’s Management of Reintroduced Red Wolves Violated Endangered Species Act

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On November 4, 2018, the U.S. District Court for the Eastern District of North Carolina granted summary judgment in favor of conservation organizations Red Wolf Coalition, Defenders of Wildlife, and Animal Welfare Institute...more

Perkins Coie

Trump Administration Withdraws Obama-Era Environmental Mitigation Policies

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Late last week, the U.S. Fish and Wildlife Service withdrew two environmental policies adopted in late 2016 by the Obama administration that address mitigation for impacts to natural resources. These two policies established...more

Beveridge & Diamond PC

NGOs Challenge Department of Interior’s New Interpretation of “Incidental Take” Liability Under Migratory Bird Treaty Act

National environmental groups recently filed a pair of new lawsuits in New York federal district court seeking to expand the scope of liability for “incidental take” under the Migratory Bird Treaty Act (“MBTA”). The...more

Nossaman LLP

Ninth Circuit Partially Reverses Agencies’ Sea Turtle and Migratory Bird Conclusions Related to Swordfish Fishery Expansion

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On December 27, 2017, the U.S. Court of Appeals for the Ninth Circuit partially reversed and remanded a decision by the United States District Court for the District of Hawaii, delaying if not derailing an expansion in...more

Pillsbury - Gravel2Gavel Construction & Real...

Fifth Circuit Vacates Preliminary Injunction Premised on Endangerment For Lack of Evidence

On August 9, the U.S. Court of Appeals for the Fifth Circuit, in an unpublished opinion, decided the case of Friends of Lydia Ann Channel v. U.S. Army Corps of Engineers, vacating the preliminary injunction issued by the U.S....more

Nossaman LLP

Nevada Solar Project Survives Ninth Circuit Review Despite Impacts to Tortoise Connectivity

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On May 18, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment decision in favor of the Secretary of the Department of the Interior and other federal officials in an...more

Nossaman LLP

Ninth Circuit Upholds Forest Service’s Construction of New Roads in Grizzly Bear Habitat

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On May 17, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the District of Montana and upheld the U.S. Forest Service’s (Forest Service) decision to construct 4.7 miles...more

Stoel Rives - Renewable + Law

BLM Directed to “Try Again” on NEPA Analysis for Echanis Wind’s Transmission Line: Greater Sage-Grouse Remains Key Issue for...

In the continuing saga of the Echanis wind project in Eastern Oregon, U.S. District Court Judge Michael Mosman on April 18 vacated the Bureau of Land Management’s (BLM)’s Record of Decision (ROD) on a right-of-way grant...more

Nossaman LLP

Texas Federal Court Grants Preliminary Injunction Based On Sea Turtle Concerns

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On March 13, 2017, the U.S. District Court for the Southern District of Texas granted a preliminary injunction relying primarily on Endangered Species Act (ESA) claims, halting operation of a mooring project on the Lydia Ann...more

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