Fish and Wildlife Service

News & Analysis as of

Desert Renewable Energy Conservation Plan to Streamline Permitting for 20,000 Megawatts of Renewable Energy

On September 23, 2014, the California Energy Commission (“CEC”), California Department of Fish and Wildlife (“CDFW”), US Bureau of Land Management (“BLM”), and US Fish and Wildlife Service (“FWS”) released the Draft...more

Court Holds Lack of Specificity Dooms Wyoming Wolf Delisting

On September 23, 2014, the U.S. District Court for the District of Columbia invalidated the final rule issued by the U.S. Fish and Wildlife Service (Service) delisting the Wyoming Gray Wolf distinct population segment from...more

U.S. Fish & Wildlife Service Nixes Proposed Delisting of Central Valley Beetle Species

On September 17, 2014, the U.S. Fish and Wildlife Service (Service) withdrew its proposal to remove the valley elderberry longhorn beetle (Desmocerus californicus dimorphus) from the Federal List of Threatened and Endangered...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

This monthly publication provides information on compliance deadlines, regulatory developments, and other developments in federal, Maine, Massachusetts, and New Hampshire environmental and land use laws. NEW REGULATORY...more

Georgia Plant Listed and 732 Acres Designated

On September 12, 2014, the U.S. Fish and Wildlife Service (Service) published notice of its final rule listing the Georgia rockcress (Arabis georgiana) as a threatened plant species under the Endangered Species Act. On the...more

U.S. Fish and Wildlife Service Extends Protection for Canada Lynx

On Friday, the U.S. Fish and Wildlife Service (Service) issued a final rule revising the critical habitat designation for the contiguous United States distinct population segment (DPS) of the Canada lynx (Lynx canadensis) and...more

Federal Wolf Program Could Threaten Energy Development in the Permian Basin

The United States Fish & Wildlife Service (“FWS”) has announced an intention to revise the scope of the agency’s Mexican Wolf Recovery Program, significantly expanding the geographic area within southern Arizona and New...more

U.S. Fish and Wildlife Service Lists Two Florida Plants as Endangered

Last Thursday, the U.S. Fish and Wildlife Service (Service) issued a final rule listing two plants as endangered under the Endangered Species Act (ESA). The two species, Florida brickell-bush (Brickellia mosieri) and Carter’s...more

U.S. Fish and Wildlife Service is Accepting Comments on Revised Draft Recovery Plan for the Bull Trout

Yesterday, the U.S. Fish and Wildlife Service (USFWS) posted a Notice of Availability of the Revised Draft Recovery Plan for the Coterminous United States Population of Bull Trout. The plan is intended to manage threats and...more

Listing May Be Warranted for Clownfish

In a 90-day finding published this morning in the Federal Register, the National Marine Fisheries Service (NMFS) found that the listing of the orange clownfish (Amphiprion percula) "may be warranted" under the Endangered...more

California Federal District Court Grants Partial Dismissal to Suit Alleging Violations of the Endangered Species Act

Earlier this month, a federal district court in California partially granted motions to dismiss a second amended complaint filed by the Center for Biological Diversity and the Pesticide Action Network alleging that the...more

District Court Rules Grizzly Bears Trump Montana's Plan to Log Forest Lands to Fund Schools

On August 21, 2014, the United States District Court for the District of Montana remanded the Montana Department of Natural Resources and Conservation Forested State Trust Lands Habitat Conservation Plan (HCP) and suspended...more

Court Reluctantly Upholds Designation of Critial Habitat for Frog

Last week, the United States District Court for the Eastern District of Louisiana upheld the designation of approximately 1,544 acres of privately-owned timber land located in Louisiana as critical habitat for the dusky...more

U.S. Fish and Wildlife Service Declines to List Missouri River Trout Population

On August 20, 2014, the U.S. Fish and Wildlife Service (Service) declined to list the Upper Missouri River Distinct Population Segment of the Arctic Grayling (Thymallus arcticus) as threatened or endangered under the...more

Court Allows ESA Claims Involving Oversight of Pesticides to Move Forward

In Center for Biological Diversity v. Environmental Protection Agency, No. 11-cv-00293-JCS, plaintiffs alleged that the Environmental Protection Agency (EPA) violated section 7 of the Endangered Species Act by failing to...more

Critical Habitat and the Endangered Species Act: Proposed Revisions to Fundamental Regulatory Concepts

On May 12, 2014, the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (collectively, the “Services”) issued notices of proposed rules and a proposed policy related to the designation of...more

U.S. Fish and Wildlife Service Withdraws Proposal to List North American Wolverine as Threatened

The U.S. Fish and Wildlife Service (Service) announced today that it is withdrawing its proposal to list the North American wolverine (Gulo gulo luscus) as threatened under the Endangered Species Act (ESA). The decision to...more

EPA Guidance on Pesticide Drift Will Affect Product Registrations

How to address and manage potential risks posed by pesticide “drift” -- the unintentional movement of some level of pesticide outside of the intended area of application -- has long been a challenging, complex regulatory...more

In Flux Eagle Regulations Continue to Impact Industries

Austin associate Brooke Wahlberg’s article “The Curious Problem of Eagles” is featured as one of the lead articles in the Spring 2014 volume of the Texas Environmental Law Journal. The article examines the Bald and Golden...more

U.S. Fish and Wildlife Service Lists Two Texas Minnows, Acknowledges Impacts to Water Management Likely

On August 4, 2014, the U.S. Fish and Wildlife Service (Service) announced its decision to list two small Texas minnows -- the sharpnose shiner (Notropis oxyrhynchus) and smalleye shiner (N. buccula) -- as endangered under the...more

The Elephant in the Room: Ivory Ban Seeks to Curb Poaching

With the June passage of New York Senate bill S7890 and Assembly bill A10143, the Empire State’s elephant and mammoth ivory and rhino horn trade may be approaching extinction. The legislation, which will take effect...more

U.S. Fish and Wildlife Service Issues Final Rule Protecting Three Flowers

On Friday, the U.S. Fish and Wildlife Service (Service) issued a final rule protecting three flowers under the Endangered Species Act (ESA). The three flowers -- the Short's bladderpod (Physaria globosa), fleshy-fruit...more

EPA Not Required to Consult on Air Quality Regulation Regarding Four Corners Power Plant

On July 23, 2014, the United States Court of Appeals for the Tenth Circuit held that the U.S. Environmental Protection Agency (EPA) was not required to consult with the U.S. Fish and Wildlife Service regarding potential...more

Proposed Critical Habitat Rules Change Reach of the Endangered Species Act

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have proposed two important new rules implementing the critical habitat provisions of the Endangered Species Act (ESA). 79 Fed.Reg. 27060 (May 12,...more

U.S. Fish and Wildlife Service Proposes Credit Program for At-Risk Species

The U.S. Fish and Wildlife Service (Service) recently announced a proposed policy establishing credits for voluntary prelisting conservation actions for imperiled species. The policy is intended to establish an additional...more

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