Habitat Conservation Plan

News & Analysis as of

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

National Marine Fisheries Service Extends Comment Period for Proposed Arctic Ringed Seal Critical Habitat Designation

On February 2, 2015 the National Marine Fisheries Service (“Service”) announced its plan to extend the period for public comments on its December 3, 2014 proposed designation of critical habitat for the threatened Arctic...more

Prairie Dogs vs. Congress

A recent ruling by a Utah federal judge, although directed at the Endangered Species Act (ESA), may have far-reaching implications on Congress' commerce clause powers. In a first-of-its-kind ruling, U.S. District Judge Dee...more

Utah Prairie Dog Could Narrow Endangered Species Act

A Utah federal court has created the potential for a constitutional showdown that could result in a significant narrowing of the Endangered Species Act and further limiting Congress’ power to legislate. In an unprecedented...more

Upcoming Listing Decision on Northern Long-Eared Bat May Have Far-Reaching Impacts on Industry

On Tuesday, November 18, 2014, the U.S. Fish and Wildlife Service (“Service”) announced the reopening of the comment period on the Service’s proposed rule to list the northern long-eared bat (“NLEB”). 79 Fed. Reg. 68657. ...more

High Stakes Out on the Range: Gunnison Sage-Grouse Listed as an Endangered Species

In the first salvo of a larger environmental-industry showdown impacting Western shale development, the U.S. Fish and Wildlife Service announced Wednesday (Nov. 12, 2014) that the Gunnison Sage Grouse would be granted...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

Water, Water everywhere …

There were two court decisions this week regarding regulation of Maine rivers, one from the Maine Supreme Judicial Court, Watts v. BEP, and one federal, Friends of Merrymeeting Bay v. Hydro Kennebec, LLC. ...more

California Court Recognizes Conservation Exception To Fully Protected Species Law

On an issue of first impression, a California court has created a judicial exception to the “take” prohibition in the state’s fully protected species statutes. On March 20, 2014, the California Court of Appeal held that the...more

U.S. Fish And Wildlife Service To Analyze Stakeholder Plan For Lesser Prairie-Chicken

The U.S. Fish and Wildlife Service (Service) announced that it will prepare an Environmental Impact Statement (EIS) on a proposed application for an Incidental Take Permit (ITP), including a Habitat Conservation Plan (HCP),...more

Bay Delta Conservation Plan and Draft EIR Released for Public Comment: Greatest Habitat Restoration Plan Ever or Pork Barrel...

The Bay Delta Conservation Plan (BDCP), an ecosystem plan designed to restore habitat and help endangered fish species recover while also keeping water flowing to customers through construction of the proposed water tunnel...more

Bureau Of Land Management Continues To Develop A National Greater Sage-Grouse Planning Strategy

The Bureau of Land Management (BLM) today issued a draft Oregon Greater Sage-Grouse Land Use Plan Amendment and Environmental Impact Statement (LUP Amendment/EIS) for the Oregon Sub-Region. Once finalized, the LUP...more

District Court Holds National Park Service Failed To Consult Under Section 7 Of The Endangered Species Act

On June 24, 2013, the U.S. District Court for the District of Montana held that the National Park Service (NPS) violated section 7 of the Endangered Species Act (ESA) by failing to consult on the impacts of a vegetation...more

Fifth Circuit Stays Injunction In Whooping Crane Case

The United States Court of Appeals for the Fifth Circuit stayed an injunction issued by the United States District Court for the Southern District of Texas requiring the State to prepare a habitat conservation plan for the...more

California Releases Yet Another Preliminary Draft BDCP

On March 14, 2013, the State of California announced that it has released the first 4 of 12 chapters of the Bay Delta Conservation Plan (BDCP). California plans to release the next three chapters on March 27, and the...more

U.S. Fish And Wildlife Service Approves Habitat Conservation Plan

On February 14, 2013, the U.S. Fish and Wildlife Service announced that it had approved a Habitat Conservation Plan (HCP) and incidental take permit (ITP) for the Edwards Aquifer Recovery Implementation Program. In addition...more

U.S. Fish And Wildlife Service Proposes Listing Four Subspecies Of The Mazama Pocket Gopher

On December 11, 2012, the U.S. Fish and Wildlife Service (Service) proposed listing four subspecies of the Mazama pocket gopher (Thomomys mazama) as threatened under the Endangered Species Act. The Service also proposed...more

Double-Take: Two Recent CEQA Cases Illustrate the Perils of Deferred Mitigation

In October 2012, two California Courts of Appeal reached opposite conclusions regarding the deferral of mitigation under the California Environmental Quality Act (CEQA). The cases illustrate the difficulties project...more

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