Habitat Conservation Plan

News & Analysis as of

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

Sage-Grouse Not Listed Under Esa In Wake Of New State-Led Conservation Efforts

Federal officials deem that state-led efforts are sufficient to protect the bird’s habitat for the near future. On September 22, the administration of US President Barack Obama announced that, given the “unprecedented”...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

U.S. Fish and Wildlife Service Issues 90-Day Findings on Petitions to List 25 Plant and Animal Species

On September 18, 2015, the U.S. Fish and Wildlife Service (Service) issued 90-day findings on 25 petitions to list various plants and animals under the Endangered Species Act (ESA). Of the 25 petitions, the Service concluded...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

California Supreme Court Ponders Fully Protected Species Issues

On September 2, 2015, the California Supreme Court heard oral argument in a case involving fully protected species that may have important state-wide implications. (Center for Biological Diversity v. Department of Fish and...more

Court Vacates Final Rule Listing Lesser Prairie Chicken

On September 1, the U.S. District Court for the Western District of Texas, Midland Division vacated the U.S. Fish and Wildlife Service’s (“Service”) Final Rule listing the Lesser Prairie Chicken (“LPC”) as threatened. The...more

D.C. Court Largely Upholds Loggerhead Sea Turtle Biological Opinion

On August 31, 2015, the U.S. District Court for the District of Columbia largely upheld the National Marine Fisheries Service’s (Service) Biological Opinion (BiOp) addressing the impacts of seven fisheries on the Northwest...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

New Regulations Could Expand CEQA Review of Impacts to Common Birds - California Department of Fish & Wildlife Proposes Draft...

The California Department of Fish & Wildlife (CDFW) published draft regulations interpreting California laws that protect birds of prey, and the nests and eggs of birds generally. These draft regulations, released on Aug. 14,...more

Tax Review - July 2015

We are proud to present the next edition of our “Tax Review” which contains a selection of rulings and interpretations that had been issued or published in June 2015. We hope you will find the information provided here...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

U.S. Fish & Wildlife Service: Polar Bear Unlikely to Survive a Warming Climate

On July 6, 2015, the U.S. Fish & Wildlife Service (Service) published a Draft Polar Bear (Ursus maritimus) Conservation Management Plan (Polar Bear Plan). The Polar Bear Plan identifies the continuing loss of sea-ice habitat...more

Ninth Circuit Critical Habitat Decision Casts Shadow On Habitat Conservation Plan “No Surprises” Assurances

In a decision that casts a shadow on the enforceability of contractual assurances in habitat conservation plan (“HCP”) agreements, the U.S. Court of Appeals for the Ninth Circuit rejected various Endangered Species Act...more

Bureau of Land Management Releases Conservation Plans for Greater Sage-Grouse

On Thursday, May 28, 2015, the Bureau of Land Management (BLM) released fourteen final Environmental Impact Statements (EISs) that incorporate greater-sage-grouse conservation measures into the land-use plans for about 50...more

Federal Government Proposes Revisions to Endangered Species Act Regulations

While a number of Endangered Species Act (ESA) reform bills continue to wind their way through Congress (see our May 6, 2015 post), Monday, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS)...more

Friday May 15th Is Endangered Species Day

This Friday, April 15, marks the 10th anniversary of Endangered Species Day. Events are scheduled throughout the country to recognize conservation efforts to protect endangered species and their habitats, which have occurred...more

Northern Long-Eared Bat Listed as Threatened Species – Development Projects in Northern New England Could Be Affected

On April 2, 2015, the U.S. Fish and Wildlife Service (Fish & Wildlife) issued a final rule listing the Northern Long-Eared Bat (NLEB) as a threatened species under the Endangered Species Act (ESA). This listing took effect...more

Real Estate: Foundation - April 2015

In this issue: - How NMTCs Benefit Real Estate Community Development Initiatives - Noteworthy Real Estate Deals - What’s Your Priority? An Open-Ended Examination of Pennsylvania’s Mechanics’ Lien...more

Federal Court Strikes Down HCP: No Piggybacks Under Section 10

While decisions dealing with lawsuits alleging violations of section 7 or section 9 of the Endangered Species Act (ESA) are rather common, it is far less common for courts to address suits under section 10. In fact, in any...more

Federal Court Strikes Down Habitat Conservation Plan and Biological Opinion for Logging Project in Northern California

On April 3, 2015, a federal district court in California put the brakes on a proposed logging project, invalidating a habitat conservation plan and incidental take permit issued by the U.S. Fish and Wildlife Service (FWS) and...more

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