News & Analysis as of

Habitat Conservation Plan

Federal Appeals Court Keeps Great Lakes Grey Wolves Listed As Threatened

by Nossaman LLP on

On August 1, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision in Humane Society of the U.S. v. Zinke, Case No. 15-5041 (Aug. 1, 2017), affirming a district court decision that keeps the...more

DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit

by Downey Brand LLP on

On July 21, 2017, the California Department of Water Resources (“DWR”) certified the final environmental document and issued its Notice of Determination for the California WaterFix, a significant new water infrastructure...more

USFWS Tentatively Supports ESA Reform Bills

by Nossaman LLP on

On July 19, 2017, the House Committee on Natural Resources held a full committee legislative hearing on five bills that would amend portions of the Endangered Species Act (ESA)....more

ESA Reform Update

by Nossaman LLP on

Battle lines are being drawn in connection with ongoing efforts by lawmakers to reform the Endangered Species Act (“ESA”). In a letter addressed to the leaders of both houses of Congress, the Senate Environmental and Public...more

From IDOT to School Gardens: Providing Sanctuary for Monarch Butterflies

by Franczek Radelet P.C. on

The Illinois Department of Transportation (IDOT) recently joined a national campaign to protect endangered monarch butterflies. As of May 2017, IDOT is mowing only 15 feet from the edge of roadways, reducing the total amount...more

Implementation of Minnesota’s Buffer Law: Alternative Practices

by Hellmuth & Johnson PLLC on

This article, the fourth in a series of updates regarding implementation of the Buffer Law, summarizes six common alternative practices that landowners may wish to consider in lieu of a standard buffer... ...more

Hualapai Mexican Vole Removed from List of Endangered Species Due to Erroneous Listing

by Nossaman LLP on

On June 23, 2017, the U.S. Fish and Wildlife Service (Service) promulgated a long-awaited final rule to delist the Hualapai Mexican vole (Microtus mexicanus hualpaiensis) (HMV) due to the Service’s determination that the...more

U.S. Fish and Wildlife Service to Delist Yellowstone Grizzly Bear

by Nossaman LLP on

On June 22, 2017, U.S. Secretary of the Interior Ryan Zinke announced that the U.S. Fish and Wildlife Service (Service) will delist the Yellowstone population of the grizzly bear (Ursus arctos horribilis). According to the...more

U.S. Fish & Wildlife Service Reopens Comment Period for Five Proposed Rules

by Nossaman LLP on

Earlier this week, the U.S. Fish & Wildlife Service (Service) issued a notice in the Federal Register that it was reopening the comment period on five proposed rules for four plant species. Specifically, the proposed rules...more

Ninth Circuit Upholds the U.S. Fish and Wildlife Service’s Determination on the Whitebark Pine

by Nossaman LLP on

On April 28, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the United States District Court for the District of Montana’s finding that the U.S. Fish and Wildlife Service’s (Service) determination...more

ESA Round-Up – April 2017

by Nossaman LLP on

Despite a slow start to 2017, largely due to the White House Memorandum delaying the effective date of new regulations, the U.S. Fish and Wildlife Service (Service) is picking up steam.  In April 2017, the Service initiated...more

D.C. Circuit Removes Hurdle to Northern Spotted Owl Critical Habitat Designation Challenge

by Nossaman LLP on

On April 11, 2017, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) held in Carpenters Industrial Council v. Zinke, 2017 U.S.App.LEXIS 6175, that a lumber company trade...more

Fifth Circuit Issues Contentious Dissent Over Designation of Louisiana Land

by Nossaman LLP on

On June 13, 2016, the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision, held that the U.S. Fish and Wildlife Service (FWS) had properly included approximately 1,500 acres in Louisiana as designated critical...more

Texas Cactus and Three Other Species Proposed for Downlisting or Delisting by U.S. Fish and Wildlife Service

by Nossaman LLP on

On December 28, 2016, the U.S. Fish and Wildlife Service (Service) published a proposed rule to reclassify the Tobusch fishhook cactus (Sclerocactus brevihamatus ssp. tobuschii), downlisting the species from endangered to...more

Revised Eagle “Incidental Take” Permit Regulations Strike a Better Balance

In December 2016, the U.S. Fish and Wildlife Service (Service) issued new regulations that provide an important mechanism for renewable energy, transmission line and other development projects to obtain eagle “incidental...more

U.S. Fish and Wildlife Service Finalizes Eagle Permit Program Revisions, Announces Intent to Prioritize Bald and Golden Eagle...

by Nossaman LLP on

On December 16, 2016, the U.S. Fish and Wildlife Service (Service) issued a long-awaited final rule (Rule) revising the regulations that govern the Service’s eagle take permit program (Eagle Permit Program) under the Bald and...more

Comment Period Open on City of San Diego Vernal Pool HCP

by Nossaman LLP on

On December 23, 2016, the U.S. Fish and Wildlife Service published a notice of availability and request for public comment in the Federal Register with respect to the draft Environmental Impact Report/Statement (EIR/S) for...more

2016 Year-End ESA Round-Up

by Nossaman LLP on

The last few weeks of 2016 involved several activities relating to the Endangered Species Act (ESA), including the following: On December 27, 2016, the U.S. Fish and Wildlife Service (FWS) issued the final ESA...more

Black-Capped Vireo to be Removed From Endangered List, Un-Capping Development in Texas and Oklahoma

by Locke Lord LLP on

On December 15, 2016, the U.S. Fish & Wildlife Service (“USFWS” or “Service”) published a proposed rule (the “Proposed Rule”) to remove the black-capped vireo (“BCV”) from the list of endangered and threatened species under...more

Fish and Wildlife Service Proposes De-Listing the Black Capped Vireo

by Nossaman LLP on

On December 15, 2016, the U.S. Fish and Wildlife Service (Service) published a proposed rule to remove the black-capped vireo (Vireo atricapilla) from the list of Endangered and Threatened Species. The Service has concluded...more

U.S. Fish and Wildlife Service Adds Ten Species to the List of Endangered and Threatened Wildlife and Updates the Listings of Five...

by Nossaman LLP on

On November 2, 2016, the U.S. Fish and Wildlife Service (Service) issued a final rule adding ten species to the List of Endangered and Threatened Wildlife, and updating the listings of five other species. Of the ten new...more

Ninth Circuit Upholds Listing Decision Based on End of Century Climate Change Predictions

by Nossaman LLP on

On October 24, 2016, the United States Court of Appeals for the Ninth Circuit upheld the National Marine Fisheries Service (Service) determination listing the Beringia Distinct Population Segment (DPS) of the Bearded Seal...more

Wolverine Status Review Reinitiated

by Nossaman LLP on

The distinct population segment of the North American wolverine (Gulo gulf luscus) has had a long and difficult history with the Endangered Species Act (ESA). However, things appeared to be changing in 2013, when, after...more

U.S. Fish and Wildlife Service Lists Two Species, Designates Critical Habitat for One Species

by Nossaman LLP on

On October 5, 2016, the U.S. Fish and Wildlife Service (Service) listed a beetle species as endangered, a fish species as threatened, and designated critical habitat for the fish species pursuant to the Endangered Species Act...more

U.S. Fish and Wildlife Service Proposes Threatened Status for San Fernando Valley Spineflower

by Nossaman LLP on

On September 15, 2016, the U.S. Fish and Wildlife Service (USFWS) proposed to list as threatened the San Fernando Valley spineflower (Chorizanthe parryi var. fernandina), a plant species native to Southern California, under...more

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