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Infrastructure US Fish and Wildlife Service

Nossaman LLP

U.S. Fish and Wildlife Service Updates Permitting Regulations

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Tomorrow, the U.S. Fish and Wildlife Service (Service) will publish its final rule updating regulations implementing section 10 of the Endangered Species Act (Section 10), which addresses the agency’s issuance of incidental...more

Nossaman LLP

U.S. Fish and Wildlife Service Establishes Expedited Eagle Permits

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On February 12, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule creating new permitting pathways and revising existing regulations for the take of bald eagles (Haliaeetus leucocephalus) and golden...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Rulemaking Proposed, Comments Solicited

We interrupt our usual scrutiny of the courts to focus (mostly) on the important developments in notices and rulemaking issued by and concerning federal regulatory agencies and departments in the past several weeks....more

Nossaman LLP

Biden Administration Turns Its Focus on Birds

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In the last few weeks, the U.S. Fish and Wildlife Service (Service) has published several major regulatory actions affecting federal avian protections.  The Service has repealed a Trump-era rule that excluded incidental take...more

Nossaman LLP

USFWS Updates Eagle Fatality Model for Wind Facilities

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On May 5, 2021, the U.S. Fish and Wildlife Service (“USFWS”) published its updated collision risk model (“CRM”) for bald and golden eagles at wind energy facilities.  The CRM is a complex Bayesian model the USFWS has endorsed...more

Allen Matkins

California Environmental Law & Policy Update - September 2020 #2

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White House directs agencies to relax enforcement - Los Angeles Times – September 9 - A memorandum produced by the White House Office of Management and Budget and sent to federal agency heads last week instructs them to...more

K&L Gates LLP

Federal Court Strikes Down Trump Administration's Narrow Interpretation of Migratory Bird Treaty Act

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A federal court recently struck down the Trump administration’s 2017 memorandum that had narrowly interpreted the Migratory Bird Treaty Act (MBTA or Act) to exclude incidental bird deaths....more

Nossaman LLP

Transmission Line Permit Invalidated, USFWS Ordered to Redo Endangered Species Act Analyses

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On June 17, 2020, a federal court in Colorado vacated an incidental take permit (ITP) issued to the Nebraska Public Power District (NPPD) authorizing take of the endangered American burying beetle (ABB) that could occur in...more

Nossaman LLP

Federal Court Overturns Nationwide Permit 12, Throws Project Development into Flux

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On April 15, 2020, the U.S. District Court for the District of Montana issued an order that could impact energy and development projects across the United States. ...more

McGuireWoods LLP

What to Expect in Environmental Regulation for 2019

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Deregulation was one of the primary promises of President Trump’s campaign, and in 2018, the administration continued to roll back environmental regulation. The recent shutdown of the federal government has slowed...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Promoting the Reliable Supply and Delivery of Water in the West: October 19th Presidential Memorandum

The Trump Administration issued a document on October 19th titled: Presidential Memorandum on Promoting the Reliable Supply and Delivery of Water in the West (“Memorandum”)...more

Downey Brand LLP

President Issues a Presidential Memoranda on Western Water (But Flood Is Mentioned)

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Amidst much fanfare, on Friday President Trump released a Presidential Memoranda (much like an Executive Order, yet different?) directing Federal agencies to work together to reduce regulatory burdens on Western water...more

Clark Hill PLC

Scalpel or Machete? A Look at How the White House Wants to Cut Back the Environmental Permitting Process

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In his January 30, 2018 State of the Union address, the President declared that he had eliminated more regulations in his first year than any other administration’s first year. Part of that claim may arise out of a...more

Downey Brand LLP

WaterFix EIR Certification and NOD Client Alert

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On Friday, July 21, 2017, the California Department of Water Resources (“DWR”) certified the Environmental Impact Report for the California WaterFix tunnels project and filed a Notice of Determination with the Governor’s...more

WilmerHale

Federal Agencies Announce Steps to Expedite Reviews of Infrastructure Projects

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On September 22, the Administration announced two new policies that will facilitate a more transparent and efficient permitting and review process for complex infrastructure projects. First, federal agencies announced...more

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