Habitat Conservation Plan

News & Analysis as of

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

State Agencies Release Draft “California Water Action Plan”

On October 31st the California Natural Resources Agency, the California Environmental Protection Agency and the California Department of Food and Agriculture released a detailed draft “California Water Action Plan.” A final...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

Brown Administration Releases First Four Of Twelve Chapters of Bay Delta Conservation Plan

Today the administration of California Governor Edmund G. Brown Jr. released the first four of 12 chapters of the Bay Delta Conservation Plan (BDCP). The four chapters released today include: - Introduction:...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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