News & Analysis as of

Environmental Impact Report (EIR) National Environmental Policy Act Incidental Take Permits

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Latham & Watkins LLP

US FWS Releases Draft Midwest Wind Energy Multi-Species Habitat Conservation Plan

Latham & Watkins LLP on

On April 15, 2016, the US Fish and Wildlife Service (FWS) issued its Draft Midwest Wind Energy Multi-Species Habitat Conservation Plan (Plan) and Draft Environmental Impact Statement (EIS) proposing a regional approach to...more

Latham & Watkins LLP

Court Rejects 30 Year Eagle Permit Rule on NEPA Grounds

Latham & Watkins LLP on

On August 11, 2015, the US District Court for the Northern District of California remanded a US Fish & Wildlife Service’s (FWS) 2013 final rule that had extended the maximum duration of eagle take programmatic permits under...more

Beveridge & Diamond PC

Avoiding NEPA – Even for “Worthy Goals” – Is Never Advisable

Beveridge & Diamond PC on

From the very first day of my legal career, clients have asked me some variation of this question: “Why can’t we just prepare a shorter Environmental Assessment (EA) or even issue a Categorical Exclusion (no analysis at all)...more

Beveridge & Diamond PC

Court Strikes Down FWS Rule for 30-Year Eagle Incidental Take Permits

Beveridge & Diamond PC on

In 2013, the U.S. Fish and Wildlife Service (“FWS”) issued a rule increasing the maximum duration from five to 30 years of programmatic permits under the Bald and Golden Eagle Protection Act to “take” bald or golden eagles...more

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