Habitat Conservation Plan

News & Analysis as of

U.S. Fish and Wildlife Service Designates Critical Habitat for the Oregon Spotted Frog

On May 11, 2016, the U.S. Fish and Wildlife Service (Service) issued a final rule designating approximately 65,038 acres and 20.3 river miles of critical habitat for the Oregon spotted frog (Rana pretiosa). The acres and...more

U.S. Fish and Wildlife Service Authorizes Take of the Last Known Wild Jaguar in the United States

On April 28, 2016, the U.S. Fish and Wildlife Service (USFWS) issued a revised Biological Opinion and Incidental Take Permit for the Rosemont Copper Mine in Pima County, Arizona. USFWS originally issued a Biological Opinion...more

California Environmental Law & Policy Update - April 2016 #5

Environmental and Policy Focus - Lawsuit claims Delta fish harmed by relaxed water standards - Modesto Bee - Apr 25 - Relaxed water quality standards during the drought have harmed salmon, smelt, and other fish...more

Congressional Hearings to be Held on New Critical Habitat Rules and Delisting under the Endangered Species Act

This week, two congressional committees are holding three separate hearings on issues related to the Endangered Species Act (ESA). On April 19, the House Committee on Natural Resources will hold an oversight hearing entitled...more

The Wolverine Takes on Climate Change: Montana District Court Remands Withdrawal of Proposed Listing Rule

On April 4, 2016, the U.S. District Court for the District of Montana vacated the U.S. Fish and Wildlife Service’s (Service) August 13, 2014 withdrawal of its proposed rule to list the distinct population segment of the North...more

U.S. Fish and Wildlife Service Designates Critical Habitat for 125 Hawaiian Species

On March 30, 2016, the U.S. Fish and Wildlife Service (“Service”) issued a final rule designating critical habitat for 125 species listed as endangered or threatened under the Endangered Species Act (“ESA”) on the Hawaiian...more

Ninth Circuit Reinstates Polar Bear Habitat Designation, ESA Implications for the West

In a decision that could result in significant new restrictions on development activities in the Arctic as well as set important Endangered Species Act (ESA) precedent in the Western United States, the U.S. Court of Appeals...more

New ESA Regulations Expand Impact of "Critical Habitat" Designations

Two new rules and one new policy from the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the Services) relating to the process of designating and protecting "critical habitat" under the Endangered...more

Two Bears and A Lizard: U.S. Fish and Wildlife Service Issues Two Rules and Draft Recovery Plan

On March 11, 2016, the U.S. Fish and Wildlife Service (Service) released a final delisting rule, a proposed delisting rule, and a notice of a draft recovery plan. Each of these is discussed in the order in which they appear...more

New Conservation Restrictions for the Northern Long-Eared Bat Will Have Limited Impact on Development in Massachusetts

A new Endangered Species Act rule protecting the northern long-eared bat will likely have only limited impact on development and land use activities in Massachusetts due to fairly specific restrictions imposed by the final...more

Ninth Circuit Upholds Polar Bear Critical Habitat Designation

On February 29, 2016, the U.S. Court of Appeals for the Ninth Circuit upheld the U.S. Fish and Wildlife Service’s (Service) designation of critical habitat in Alaska for the polar bear (Ursus maritimus). Alaska Oil and Gas...more

NMFS Designates Critical Habitat for Two Salmonid Populations in Pacific Northwest

The National Marine Fisheries Service (NMFS) issued a final rule on February 24, 2016 designating critical habitat under the Endangered Species Act (ESA) for two threatened species—lower Columbia River coho salmon...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - Draft Environmental Assessment, Habitat Conservation Plan, and Application for an Incidental Take Permit for Piping Plover, Massachusetts Division of Fisheries and...more

Feds Finalize Prohibitions Against Threatened Bat Species – Disputes Continue

The U.S. Fish & Wildlife Service (FWS) issued a final rule under Section 4(d) of the Endangered Species Act (ESA), taking effect February 16, 2016 and imposing measures intended to protect the northern long-eared bat (NLE...more

New Critical Habitat Regulations Published Under the Endangered Species Act

On February 11, 2016, the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service jointly published final regulations and a final policy addressing critical...more

Wildlife Agencies Announce Final Critical Habitat Rules and Policy

On February 5, 2016, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the “Services”) announced the availability of two final rules and one policy addressing critical habitat under the...more

USFWS Issues Broader 4(d) Rule for Northern Long-Eared Bats: What it Means for Energy Developers

On January 13, the U.S. Fish and Wildlife Service (Service) released its Final 4(d) Rule for the Northern Long-Eared Bat (Final Rule). The Final Rule greatly expands upon the scope of the interim 4(d) rule that the Service...more

U.S. Fish and Wildlife Service to Delist Texas Shrub

The U.S. Fish and Wildlife Service (USFWS) has announced that it will remove the Johnston’s frankenia (Frankenia johnstonii) from the Federal List of Endangered and Threatened Plants under the Endangered Species Act. Johnson...more

ESA Roundup – Lawmakers and Lions, Oh My!

After weeks of negotiations, on December 18, 2015, Congress finally approved the Fiscal Year 2016 omnibus spending bill. One hotly debated issue related to the controversial greater sage grouse (Centrocercus urophasianus). ...more

Ninth Circuit Upholds Denial of Motion to Enjoin Klamath Mountains Fire Recovery Project

On December 3, 2015, the U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. District Court for the District of Oregon’s denial of a preliminary injunction sought by environmental plaintiffs to enjoin the Douglas...more

CESAR Files Delta Smelt ESA Suit Against DWR, Interior and USFWS

On November 19, 2015, the Center for Environmental Science, Accuracy and Reliability (CESAR) filed a lawsuit against the California Department of Water Resources (DWR), the U.S. Department of the Interior (Interior) and the...more

President Issues Memo regarding Mitigation of Natural Resources Impacts

On November 3, 2015, the President issued a memorandum entitled “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment.” In it, he states “[t]his memorandum will encourage private...more

Satisfying State Compensatory Mitigation Requirements Under CEQA On Federal Conservation Lands: CDFW And BLM Agree To Cooperate To...

On October 2, 2015, the Bureau of Land Management (“BLM”) and the California Department of Fish and Wildlife (“CDFW”) entered into a 12-page “agree[ment] to work with each other to conserve biological and natural resources on...more

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

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

Bureau of Land Management and California Department of Fish and Wildlife Sign Conservation Agreement

On October 16, 2015, the California Department of Fish and Wildlife (CDFW) and the Bureau of Land Management (BLM) announced the signing of a conservation agreement intended to provide greater protections and more flexibility...more

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