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Final Rules ESA Listings

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Rule to Revise Criteria for Designating and Delisting Species and...

On Friday, April 5, 2024, the U.S. Fish & Wildlife Service (the “Service”) finalized a rule clarifying the procedures and criteria for listing, reclassifying, and delisting species on the Lists of Endangered and Threatened...more

Troutman Pepper

Final ESA Rules Include Fundamental Shift in RPMs

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On March 27, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) issued three sets of final rules revising the Endangered Species Act (ESA) regulations. The...more

Nossaman LLP

U.S. Fish and Wildlife Service Updates Permitting Regulations

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Tomorrow, the U.S. Fish and Wildlife Service (Service) will publish its final rule updating regulations implementing section 10 of the Endangered Species Act (Section 10), which addresses the agency’s issuance of incidental...more

Nossaman LLP

Western States Will See Species Listings, Critical Habitat Designations According to Unified Agenda

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As we have previously reported, on December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which lists the regulatory and deregulatory actions that...more

Nossaman LLP

Unified Agenda Foretells Species Listings, Critical Habitat Designations for Texas

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On December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which lists the regulatory and deregulatory actions the various federal administrative...more

Troutman Pepper

Western Pond Turtle Listing Will Impact Land and Water Managers Throughout the Western U.S.

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The U.S. Fish and Wildlife Service (FWS) has proposed listing the northwestern pond turtle (Actinemys marmorata) and the southwestern pond turtle (Actinemys pallida) as threatened species under the federal Endangered Species...more

Downey Brand LLP

Four Populations of Foothill Yellow-Legged Frog Listed as Endangered or Threatened Under Federal Endangered Species Act

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On August 31, 2023, the U.S. Fish and Wildlife Service (USFWS) issued a final rule listing four distinct population segments (DPSs) of foothill yellow-legged frog (Rana boylii) under the federal Endangered Species Act (ESA)....more

Nossaman LLP

U.S. Fish and Wildlife Service Lists Cactus Ferruginous Pygmy-Owl as Threatened with a 4(d) Rule

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On July 20, 2023, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) (“Owl”) as a threatened subspecies with a 4(d) rule under the...more

Nossaman LLP

Service Lists Bracted Twistflower as Threatened Species and Designates Critical Habitat

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On April 11, 2023, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the bracted twistflower (Streptanthus bracteatus), a wildflower native to Texas, as threatened with a rule issued under section 4(d)...more

Nossaman LLP

Service Lists Northern Long-eared Bat as Endangered

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On November 30, 2022, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the northern long-eared bat (NLEB) (Myotis septentrionalis) as an endangered species under Section 4 of the Endangered Species Act...more

Nossaman LLP

Habitat Definition No Longer Applies in Critical Habitat Designations

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On June 24, 2022, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, Services) published a final rule rescinding the Trump administration’s 2020 final rule defining “habitat” for the...more

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Panama City Crayfish Listed as Threatened and Critical Habitat Designated

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The U.S. Fish and Wildlife Service (Service) has issued a final rule listing the Panama City crayfish (Procambarus econfinae) as threatened under the Endangered Species Act (ESA), along with a section 4(d) rule limiting take...more

Nossaman LLP

Service Revises Critical Habitat Designation for Northern Spotted Owl

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Today, the U.S. Fish and Wildlife Service (Service) published a final rule revising the critical habitat designation for the northern spotted owl (Strix occidentalis caurina) under the Endangered Species Act (ESA).  The final...more

Nossaman LLP

USFWS Gives Texas Salamanders Prime Real Estate

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On August 18, 2021, the U.S. Fish and Wildlife Service (“Service”) published in the Federal Register a final rule designating more than 1,315 acres across 14 units as critical habitat (“Final Rule”) for two neotenic...more

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FWS Delists Cumberland Sandwort Under the ESA

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On Monday, the U.S. Fish and Wildlife Service (FWS) published a final rule delisting the now-recovered Cumberland sandwort (Arenaria cumberlandensis) under the Endangered Species Act (ESA).  Originally listed as endangered in...more

K&L Gates LLP

Trump Administration Finalizes New Endangered Species Act Regulations

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The Trump administration recently issued three final rules revising several key aspects of the Endangered Species Act (“ESA”), including: (1) listing species and designating critical habitat under § 4 of the ESA; (2)...more

Nossaman LLP

Fish and Wildlife Service Delists Foskett speckled dace

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On September 13, 2019, the U.S. Fish and Wildlife Service (Service) posted a final rule removing the Foskett speckled dace (Rhinichthys osculus ssp.) from the federal List of Endangered and Threatened Wildlife....more

Akin Gump Strauss Hauer & Feld LLP

Agencies Get Their Ducks in a Row on Revising Endangered Species Act Rules

Last week, final rules from the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, “the Services”) impacting key components of the Endangered Species Act (ESA) were published in the...more

Sheppard Mullin Richter & Hampton LLP

Endangered Species Act Rulemakings Face Immediate Challenge

On August 27, 2019, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the “Services”) published final rules amending three important parts of the federal regulations that implement the...more

(ACOEL) | American College of Environmental...

Climate Whack-a-Mole; or How the Trump Administration Institutionalizes Ignorance in the Endangered Species Act

Given the severity and finality of the extinction of species on this planet, and the myriad adverse impacts on human society and natural ecosystems of such extinction, Congress passed the hallmark Endangered Species Act in...more

Foley Hoag LLP - Environmental Law

Changes to ESA Regulations: How Significant Are They?

The Fish and Wildlife Service and the National Oceanic and Atmospheric Administration have released final rules amending significant parts of the regulations implementing the Endangered Species Act. How big an impact will...more

Perkins Coie

Trump Administration Finalizes Major Changes to Endangered Species Act Regulations

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The U.S. Fish and Wildlife Service and National Marine Fisheries Service issued a set of three new final rules on August 12, 2019, that substantially revise the regulations implementing the Endangered Species Act. The new...more

Stoel Rives LLP

ESA Law Alert - First comprehensive revisions in 33 years: revised ESA regulations released

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On August 12, 2019, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (together the “Services”) jointly announced final revisions to their regulations for listing and delisting...more

Nossaman LLP

Endangered Species Act Spring Round Up

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Over the last few weeks, besides proposing to remove the gray wolf (Canis lupus) from the List of Endangered and Threatened Species, the U.S. Fish and Wildlife Service (“Service”) has made a few other moves related to the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Trispot Darter/Endangered Species Act: U.S. Fish and Wildlife Service Final Rule Determining Threatened Status

The United States Fish and Wildlife Service (“Service”) issued a December 27th final rule under the Endangered Species Act (“ESA”) for the trispot darter fish. The final rule: - Determined threatened species status for...more

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