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Forest Service US Fish and Wildlife Service

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

General Permit 30/Construction of Aquatic Habitat Rehabilitation Projects: U.S. Army Corps of Engineers (Vicksburg/Memphis...

The Memphis and Vicksburg Districts of the United States Army Corps of Engineers (“Corps”) issued a March 30th Public Notice announcing the issuance of General Permit 30. The Memphis and Vicksburg Corps Districts include...more

Allen Matkins

California Environmental Law & Policy Update - December 2021 #2

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Industry groups and seven states lose bid to reinstate rule limiting scope of Clean Water Act - Courthouse News Service – December 7 - Seven states and a collection of industry groups fighting to revive a Trump-era...more

Allen Matkins

California Environmental Law & Policy Update - October 2021 #5

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Federal court rejects continued application of Trump-era water quality review rule pending adoption of alternative regulation - Courthouse News Service – October 22 - Judge William Alsup of the U.S. District Court for...more

Snell & Wilmer

Bird Trouble: Trump Administration Plans for Greater Sage Grouse Shot Down by Federal Court; States Take a Shot Too

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The greater sage-grouse is a chicken-like bird that is currently found in 11 western states. For more than 25 years, there has been considerable controversy concerning whether to list the greater sage-grouse for protection...more

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

National Environmental Policy Act/Endangered Species Act: Federal Appellate Court Addresses Challenge to U.S. Forest Service...

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a June 4th Order whether the United States Fish and Wildlife Service (“FWS”) and the United States Forest Service (“USFS”) approval of the...more

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

American Electric Power/Conservation Fund/U.S. Fish And Wildlife Service Partnership: Wetlands/Forestland Added to the Catahoula...

The Conservation Fund, American Electric Power, and the United States Fish and Wildlife Service (collectively “Organizations”) issued a news release announcing the addition of 4,113 acres of Louisiana wetlands and forestland...more

Snell & Wilmer

Homeless No More? The Land & Water Conservation Fund is Close to Securing Permanent Residency

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World War II left America exhausted after tremendous sacrifices were made by the American people. As the sun set on this storied chapter in American history, American society was ready for leisure which stirred a renewed...more

Latham & Watkins LLP

Interior Department and Forest Service Identify Burdens on Domestic Energy Development

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Report on the agencies’ review of programs provides a roadmap to understanding which energy policies the Trump administration will revise. Several federal agencies have now issued reports responding to Executive Order (EO)...more

Nossaman LLP

Secretary Zinke Orders Review of Sage-grouse Management Plans

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On June 8th, 2017, Department of Interior (DOI) Secretary Ryan Zinke signed Secretarial Order 3353, entitled “Greater Sage-Grouse Conservation and Cooperation with Western States.” This Order initiates the assessment of both...more

Nossaman LLP

Ninth Circuit Upholds Forest Service’s Construction of New Roads in Grizzly Bear Habitat

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On May 17, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the District of Montana and upheld the U.S. Forest Service’s (Forest Service) decision to construct 4.7 miles...more

Nossaman LLP

U.S. Supreme Court Denies U.S. Forest Service’s Petition for Review in Canadian Lynx Case

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On October 11, 2016, the U.S. Supreme Court denied the U.S. Forest Service’s (“Forest Service”) petition for writ of certiorari to review the U.S. Court of Appeal for the Ninth Circuit’s decision in Cottonwood Environmental...more

Allen Matkins

California Environmental Law & Policy Update - March 2016

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Environmental and Policy Focus - Community and environmental groups sue South Coast Air District over rules adoption - Los Angeles Times - Mar 9 - Community groups and environmentalists filed suit this week...more

K&L Gates LLP

Presidential Memorandum Promotes Pre-Project Mitigation and Restoration Banking: Implications for Energy Projects and Related...

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On November 3, 2015, U.S. President Barack Obama issued a Presidential Memorandum (Memorandum) that potentially opens the door to agency attempts to expand mitigation obligations beyond what is required under law while also...more

WilmerHale

Administration Announces New Mitigation Policies

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This afternoon, the Administration issued two policies intended to encourage private investment in natural resource conservation and to facilitate application of the mitigation hierarchy—avoiding, minimizing and compensating...more

Nossaman LLP

United States Geological Survey and Other Agencies Announce Sagebrush Restoration Handbook Series

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On the heels of the recent U.S. Fish and Wildlife Service (Service) decision not to list the greater sage grouse (Centrocercus urophasianus) under the Endangered Species Act and the concurrent Bureau of Land Management (BLM)...more

Perkins Coie

Sonoran Desert Tortoise Not Endangered or Threatened Says FWS

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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

K&L Gates LLP

Greater Sage-Grouse Avoids ESA Listing

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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

K&L Gates LLP

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

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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

Nossaman LLP

Ninth Circuit Holds Forest Service Violated ESA by Failing to Reinitiate Consultation for Canada Lynx

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On June 17, 2015, the U.S. Court of Appeals for the Ninth Circuit ruled that the U.S. Forest Service (Service) violated section 7 of the Endangered Species Act (ESA) by failing to reinitiate consultation with the U.S. Fish...more

Nossaman LLP

Sage Grouse Status Hangs in the Balance as BLM Moves to Adopt Conservation Plans for Ten Western States

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On May 29, 2015, the U.S. Bureau of Land Management (BLM), in cooperation with the U.S. Forest Service, released Final Environmental Impact Statements for proposed amendments to existing Resource Management Plans (RMPs) for...more

BakerHostetler

District Court Limits Tiering of Biological Opinions

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On December 5, 2014, a federal district court held that the U.S. Fish and Wildlife Service (FWS) failed to comply with the Endangered Species Act (ESA) when it relied entirely on existing programmatic biological opinions to...more

Nossaman LLP

Extra Record Evidence Saves Forest Service From Section 7(d) Violation

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Late last month, the United States District Court for the District of Idaho denied preliminary injunctive relief in an Endangered Species Act case against the Fish and Wildlife Service (FWS) and Forest Service, even though it...more

Nossaman LLP

Ninth Circuit Holds Cumulative Effects Analysis Not Necessary For Informal Consultation

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In a published opinion affirming the denial of preliminary injunctive relief, the U.S. Court of Appeals for the Ninth Circuit held that "there is no statutory mandate to consider cumulative effects during informal...more

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