Fish and Wildlife Service

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California Environmental Law and Policy Update - July 2014

Environmental and Policy Focus - Second leg of California bullet-train line approved: SFGate.com - Jun 27: On June 27, 2014, the U.S. Department of Transportation gave its approval for work to begin on the second leg...more

U.S. Fish and Wildlife Service Regional Director Requests Withdrawal of Proposed Rule to List the Wolverine as Threatened

A Regional Director for the U.S. Fish and Wildlife Service (Service) has directed federal biologists to withdraw their proposed rule to list the wolverine (Gulo gulo luscus) as threatened under the Endangered Species Act. As...more

U.S. Fish and Wildlife Service Downgrades Wood Stork From Endangered to Threatened

The U.S. Fish and Wildlife Service (Service) issued a final rule reclassifying the U.S. breeding population of the wood stork (Mycteria americana) from endangered to threatened. According to the Service, when the wood...more

Final Endangered Species Act Policy Revises Definition of “Significant Portion of Its Range”

On July 1, 2014, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service jointly published a final policy providing their interpretation of the phrase ‘‘significant portion of its range,’’ which is part...more

U.S. Fish and Wildlife Service Announces First Eagle Take Permit for Wind Farm

On June 27, 2014, the U.S. Fish and Wildlife Service (Service) announced the availability of a special take permit for golden eagles for the Shiloh IV Wind Project in Solano County, California, 60 miles east of San Francisco....more

U.S. Fish and Wildlife Service Considers Listing the Humboldt Marten

The U.S. Fish and Wildlife Service (Service) recently announced that it will be conducting a 12-month status review for the Humboldt marten (Martes americana humboldtensis) to determine whether to list the species as...more

USFWS and NMFS Issue Joint Policy Interpreting ESA Listing Criteria

On Friday, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service issued their final interpretation of the phrase "significant portion of its range" for the purposes of applying the Endangered...more

Comment Period Extended on Expansion of Critical Habitat Rules

The Fish and Wildlife Service and National Oceanic and Atmospheric Administration announced last week that they are extending the deadline for comments on new critical habitat rules from July 11 to October 9, 2014. The...more

D.C. District Court Holds Pre-Violation Notice Ineffective

On June 23, 2014, the United States District Court for the District of Columbia affirmed the strict application of the Endangered Species Act's (ESA) pre-litigation notice requirements, dismissing a lawsuit alleging that the...more

Fish and Wildlife Announces In-Depth Review of Eagle Management Policy

The U.S. Fish and Wildlife Service announced last week that it intended to conduct either a NEPA environmental assessment (EA) or an environmental impact statement (EIS) concerning its bald and golden eagle management...more

U.S. Fish and Wildlife Service to Review Eagle Permit Rules

On Friday, June 20, 2014, the U.S. Fish and Wildlife Service (“Service”) announced its plans to engage the public in a review of how permits are issued for the non-purposeful take of bald and golden eagles under the Bald and...more

ESA Law Update: U.S. Fish and Wildlife Service and NMFS Extend Comment Period on Critical Habitat Regulations

On June 20, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (“Services”), the two federal agencies responsible for administering the Endangered Species Act (“ESA”), have announced that they will...more

State Governors Urge the Federal Government to Defer to State Conservation Efforts When Deciding Whether to List a Species Under...

Last week, the bipartisan Western Governors' Association (WGA) adopted a resolution urging the federal government to defer to state conservation efforts and to prioritize funding to avoid new listings under the federal...more

U.S. Fish and Wildlife Service Lists the New Mexico Jumping Mouse as Endangered

The U.S. Fish and Wildlife Service (Service) issued a final rule listing the New Mexico meadow jumping mouse (Zapus hudsonius luteus) as endangered under the Endangered Species Act. The jumping mouse is a small mammal...more

California Fish and Game Commission Votes to List the Gray Wolf as Endangered

In a split decision and contrary to the recommendation of the Department of Fish and Wildlife (Department), the California Fish and Game Commission (Commission) voted to list the gray wolf (Canis lupis) as endangered....more

Rose That Calls California and Nevada Home Listed as Threatened

On June 2, 2014, the U.S. Fish and Wildlife Service (Service) announced the listing of the Webber's ivesia (Ivesia webberi) as a threatened species under the Endangered Species Act, and the designation of 2,170 acres of...more

Amici Curiae Support En Banc Review Of Ninth Circuit Delta Smelt Decision

On May 12, 2014, Appellees Kern County Water Agency, Coalition for a Sustainable Delta, State Water Contractors, and Metropolitan Water District of Southern California filed a petition for rehearing en banc, seeking further...more

U.S. Fish And Wildlife Service Ordered To Complete Recovery Plan For Canada Lynx

Recently, the United States District Court for the District of Montana ordered the U.S. Fish and Wildlife Service (Service) to develop a timeline for completion of recovery planning for the Canada lynx (Lynx canadensis). ...more

Proposed Endangered Species Act Regulations Would Revise Rules And Protections Related To "Critical Habitat" - Proposal Would...

HIGHLIGHTS - - The proposed regulations would considerably change the regulatory definitions related to "critical habitat" and "adverse modification," increasing agency discretion to designate and protect areas that...more

Endangered Species Act's New Mission: Not Just Survival

On May 12, 2014, federal regulators announced proposals to issue new rules concerning critical habitat under the Endangered Species Act, with the intent of clarifying three key areas of uncertainty. As proposed, the U.S. Fish...more

EPA Unveils Final Cooling Water Intake Structures Rule

On May 19, the U.S. Environmental Protection Agency (EPA) finalized its long-awaited rule under Section 316(b) of the Clean Water Act (CWA) imposing requirements for cooling water intake structures (CWIS) at power plants and...more

Texas Environmental Update

Gunnison Sage Grouse Continues Its Wobbly Path Toward Listing Energy Legal Blog, May 14, 2014 - Last week, the Gunnison Sage Grouse took another detour on its road to being listed under the Endangered Species Act...more

Two Plant Species May Find Protection Under The Endangered Species Act

The U.S. Fish and Wildlife Service (Service) has issued a final rule listing the Kentucky Glade Cress (Leavenworthia exigua var. laciniata) as threatened species under the Endangered Species Act (ESA). The Kentucky Glade...more

ESA Law Alert: U.S. Fish and Wildlife Service and NMFS Propose Significant Changes to Critical Habitat Regulations

On May 12, 2014, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the “Services”) jointly issued three interrelated proposals concerning the designation of critical habitat under the Endangered...more

Wildlife Agencies Propose New Endangered Species Regulations and Policy on Critical Habitat

On May 12, 2014, Federal wildlife agencies proposed two new rules concerning critical habitat under the Endangered Species Act and a draft policy regarding exclusions from critical habitat designations. The proposals, issued...more

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