News & Analysis as of

CESAR Files Delta Smelt ESA Suit Against DWR, Interior and USFWS

On November 19, 2015, the Center for Environmental Science, Accuracy and Reliability (CESAR) filed a lawsuit against the California Department of Water Resources (DWR), the U.S. Department of the Interior (Interior) and the...more

Court Rejects Some, But Not All Challenges to Critical Habitat Designation of Private Land

In 2012, the U.S. Fish and Wildlife Service (Service) published a final rule designating 1,724 acres as critical habitat for the endangered Riverside fairy shrimp (Streptocephalus woottoni).  Included in that designation were...more

U.S. Fish and Wildlife Service Issues Updated Guidance to Streamline 90-Day and 12-Month Petition Findings.

On October 27, 2015, the U.S. Fish and Wildlife Service (“Service”) issued a memorandum to the Service Regional Directors announcing new guidance to streamline findings on petitions to list species under the Endangered...more

Joint Committee of ESAs Consults on Risk-Based Supervision and Risk Factors Guidelines

On October 21, 2015, the Joint Committee of the European Securities and Markets Authority, the European Banking Authority and the European Insurance and Occupational Pensions Authority (together, the European Supervisory...more

ESAs consult on AML/CTF

The European Supervisory Authorities (ESMA, EBA and EIOPA jointly) have launched a public consultation on two anti-money laundering and countering the financing of terrorism (AML/CFT) guidelines, to be made under the fourth...more

ESAs publish 2016 work programme

The joint committee of the European Supervisory Authorities (ESAs) has published its work programme for 2016. The ESAs will carry on with their joint regulatory work in key areas such as packaged retail and insurance-based...more

U.S. Fish and Wildlife Service Determines that Listing of Sierra Nevada Red Fox is Warranted at the Distinct Population Segment...

In a notice published on October 8, 2015, the U.S. Fish and Wildlife Service (Service) announced its proposed 12-month finding on the Center for Biological Diversity’s (CBD) petition to list the Sierra Nevada red fox (Vulpes...more

Sonoran Desert Tortoise Not Endangered or Threatened Says FWS

The United States Fish and Wildlife Service determined on October 5, 2015 that the Sonoran Desert Tortoise, found primarily in Arizona, does not qualify as either an endangered or threatened species under the Endangered...more

U.S. Fish and Wildlife Service Issues Proposed Listings and Designates Critical Habitat Pursuant to 2011 Listing Settlement...

During the last week of its fiscal year, the U.S. Fish and Wildlife Service (“Service”) made several findings under section 4 of the Endangered Species Act (“ESA”) to meet its obligations under the 2011 listing settlement...more

U.S. District Court Rejects Challenges to Final Rule Terminating Sea Otter Translocation Program.

On September 18, 2015, the U.S. District Court for the Central District of California rejected the assertion by the California Sea Urchin Commission, California Abalone Association, and Commercial Fishermen of Santa Barbara...more

Greater Sage-Grouse Avoids ESA Listing

The U.S. Fish and Wildlife Service (“Service”) announced on Tuesday, September 22, 2015, that it would not list the greater sage-grouse under the Endangered Species Act (“ESA”). This decision represents a change of direction...more

Greater Sage-Grouse Avoids Listing through “Unprecedented” Collaborative Conservation Efforts

On September 22, 2015, Secretary of the Interior Sally Jewell announced that the greater sage-grouse (Centrocercus urophasianus) does not warrant protection under the Endangered Species Act (ESA).  The Department of the...more

Birds of a Feather? Greater Sage-Grouse Decision Shows That Conservation and Energy Development Can Flock Together

On September 22, energy developers in the West breathed a sigh of relief when the U.S. Fish and Wildlife Service (FWS) announced that the greater sage-grouse does not require protection under the Endangered Species Act (ESA)....more

Challenge to Emergency Drought Salinity Barrier Thrown Out Due to Lack of Proper Notice

On September 14, 2015, the U.S. District Court for the Eastern District of California granted the state and federal defendants’ motion to dismiss for lack of subject matter jurisdiction. Center for Environmental Science,...more

U.S. Fish and Wildlife Service Finds Listing of New England Cottontail Not Warranted Due to Species Recovery From Conservation...

On September 15, 2015, the U.S. Fish and Wildlife Service (Service) published (pdf) its 12-month finding on a petition to list the New England cottontail (Sylvilagus transitionalis) as an endangered or threatened species...more

Eagles Back in the Nest: FWS 30-Year Eagle “Take” Rule Vacated Less than Two Years after Implementation

On August 11, 2015, the United States District Court for the Northern District of California struck down a U.S. Fish and Wildlife Service (the “Service”) regulation that increased the maximum duration of programmatic permits...more

Structured Thoughts: News for the financial services community, Volume 6, Issue 5

OCIE Issues Risk Alert Relating to Structured Note Sales - Earlier this year, the SEC’s Office of Compliance Inspections and Examinations (the “OCIE”) indicated branch offices and structured products as two of its...more

Greater sage-grouse and land use in the inter-mountain west

The greater sage-grouse—a ground-dwelling, chicken-like bird—has been the focus of controversy pitting conservation against energy development and ranching interests across the inter-mountain west. The greater sage-grouse’s...more

U.S. Fish and Wildlife Service Issues Proposed Rule Regarding Critical Habitat Determination for the Marbled Murrelet

On August 25, 2015, the U.S. Fish and Wildlife Service (Service) published a proposed rule relating to the existing critical habitat for the marbled murrelet (Brachyramphus marmoratus). The murrelet is listed as a threatened...more

A Legal Morass: Overlapping Takings Law With the Endangered Species Act

Last week, Jeremy Jacobs posted an interesting article about the U.S. Supreme Court’s recent decision in Horne v. Dep’t of Agriculture, No. 14-275 (U.S. Jun. 22, 2015), and its potential application to Endangered Species Act...more

Windfarm Industry Suffers Setback as Court Rejects 30 Year Eagle Permit Rule

On August 11, 2015, a district court in Silicon Valley remanded a U.S. Fish and Wildlife Service (FWS) rule issued in 2013 that had extended the potential term of incidental take permits under the Bald and Golden Eagle...more

U.S. Fish and Wildlife Service to Survey Habitat Conservation Banks

On July 24, 2015, the U.S. Fish and Wildlife Service (Service) published a notice seeking authorization from the Office of Management and Budget to evaluate habitat conservation banks established under the Endangered Species...more

ESA Roundup – Legislation, Listings, and Litigation

Whether dealing with water or with endangered species directly, there have been a numbers of recent developments that are worth keeping on your radar.  July 16, 2015 – The House of Representative, in a largely partisan...more

European Regulators Publish Second Consultation Paper on Margin for OTC Derivatives

On June 10, the European Supervisory Authorities (ESA) published a second consultation paper on draft Regulatory Technical Standards (RTS) to implement the European Market Infrastructure Regulation (EMIR) requirement that...more

District Court Declines to Provide Injunctive Relief for Emergency Drought Salinity Barrier in the California Bay-Delta

On June 18, 2015, the U.S. District Court for the Eastern District of California denied a motion for a temporary restraining order and preliminary injunction, finding the plaintiff failed to establish that an emergency...more

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