News & Analysis as of

National Marine Fisheries Service

NMFS Issues Final Rule Designating Critical Habitat for the Atlantic Sturgeon

by Nossaman LLP on

On August 17, 2017, the National Marine Fisheries Service (NMFS) issued a final rule designating critical habitat for the endangered New York Bight, Chesapeake Bay, Carolina, and South Atlantic Distinct Population Segments...more

NMFS issues final Atlantic sturgeon rule

by PretiFlaherty on

U.S. fisheries regulators have issued a final rule designating nearly 4,000 river miles in Atlantic watersheds as critical habitat for endangered and threatened Atlantic sturgeon. The rule increases regulatory complexity and...more

National Marine Fisheries Service Declines to List Pacific Bluefin Tuna

by Nossaman LLP on

On August 9, 2017, the National Marine Fisheries Service (NMFS) issued a 12-month finding on a petition to list the Pacific bluefin tuna (Thunnus orientalis) as an endangered or threatened species under the Endangered Species...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

WaterFix EIR Certification and NOD Client Alert

by Downey Brand LLP on

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

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

Monetizing Vacant Land Through Mitigation Banking

by Sullivan & Worcester on

A mitigation bank is a wetland, stream, or other habitat area that has been restored, established, enhanced, or (in certain circumstances) preserved for the purpose of providing compensation for unavoidable impacts to such...more

National Marine Fisheries Service Proposes Revised Guidance for Recovery Plans

by Nossaman LLP on

On May 31, 2017, the National Marine Fisheries Service (NMFS) issued proposed revised guidance for the development of recovery plans as required by the Endangered Species Act (ESA). The proposal is aimed at prioritizing...more

Court Sends EPA Back to the Drawing Board on Temperature Limits in Oregon Waters

by Nossaman LLP on

On April 11, 2017, the United States District Court for the District of Oregon ruled on parties’ objections to a federal magistrate judge’s findings and recommendations in a case challenging the U.S. Environmental Protection...more

ESA Law Alert: Natural Resources Mitigation Policies Likely to be Rescinded by Trump Administration

by Stoel Rives LLP on

This week President Trump released the Energy Independence Executive Order that focuses on the Trump Administration’s energy strategy. Although much focus is on lifting the restrictions on American energy and on job...more

Environmental Litigation and Toxic Torts Update – Mountain/West Coast Case Law Highlights

Ninth Circuit Finds “Threatened” Designation For Bearded Seals Proper Based On New Long-Term Projections - Alaska Oil and Gas Ass’n et al. v. Pritzker et al., 840 F.3d 671, 2016 U.S. App. LEXIS 19084 (9th Cir. 2016)....more

Endangered Species Act Case Roundup

by Nossaman LLP on

Two noteworthy cases have recently been issued by the Ninth Circuit Court of Appeals and the U.S. District Court for the Northern District of California. The two cases address: (1) the interplay between the Federal...more

White House Chief of Staff Orders Freezing of Pending Regulations

by Nossaman LLP on

On January 20, 2017, Reince Priebus, the White House Chief of Staff and Assistant to the President, issued a memorandum to the heads of all executive departments and agencies ordering them to freeze the processing of all...more

NMFS Publishes Cook Inlet Beluga Whale Recovery Plan

by Nossaman LLP on

On January 5, 2017, the National Marine Fisheries Service (NMFS) published notice of the availability of the final Recovery Plan for the Cook Inlet Beluga Whale (Delphinapterus leucas). The Endangered Species Act (ESA)...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

Up the Creek Without a Paddle: District Court Holds that Biological Opinion Must Consider Climate Change Impacts

by Stoel Rives LLP on

In a narrow win for plaintiff Wild Fish Conservancy (“Plaintiff”), the U.S. District Court for the Eastern District of Washington held that the biological opinion (“BiOp”) for the Leavenworth National Fish Hatchery...more

Projecting the Future: Court Upholds Listing for Bearded Seals - Ninth Circuit Decision Based on Projections of Climate Change...

by Holland & Knight LLP on

In Alaska Oil & Gas Ass'n v. Pritzker, the U.S. Court of Appeals for the Ninth Circuit recently upheld a rule listing two species of seals as "threatened" under the Endangered Species Act (ESA) based on climate change...more

National Marine Fisheries Service Concludes Iliamna Lake Harbor Seals Are Not Distinct Population, Denies Endangered Species Act...

by Nossaman LLP on

The National Marine Fisheries Service (NMFS) recently completed its review of the status of eastern North Pacific harbor seals (Phoca vitulina richardii) in Iliamna Lake, Alaska, a large freshwater lake in Alaska connected to...more

EPA Issues Final 2016 NPDES Pesticide General Permit

by Bergeson & Campbell, P.C. on

On November 1, 2016, the U.S. Environmental Protection Agency (EPA) published its Final National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges from the Application of...more

California Environmental Law & Policy Update - October 2016 #4

by Allen Matkins on

Environmental and Policy Focus - Species may be listed as threatened based on climate change projections, court says - Los Angeles Times - Oct 24 - Federal authorities may list a species as “threatened”...more

Use of long-term climate projections for bearded seal listing not necessarily a bellwether for Endangered Species Act decisions

The Ninth Circuit this week upheld a National Marine Fisheries Service decision to list the Pacific bearded seal as threatened under the Endangered Species Act based primarily on threats from climate change, reversing a...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

9th Cir. Upholds ESA Listing of Pacific Bearded Seals on the Basis of Climate Projections

On October 24, the U.S. Court of Appeals for the Ninth Circuit reversed the district court and upheld the determination of the National Marine Fisheries Service (NMFS). The NMFS concluded that two distinct population species...more

U.S. Fish and Wildlife Service and National Marine Fisheries Service Revise Endangered Species Act Petition Process

by Nossaman LLP on

On September 27, 2016, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Agencies) published a final rule that revises the regulations governing the Endangered Species Act’s (ESA) petition process. ...more

National Marine Fisheries Service and U.S. Fish and Wildlife Service Propose Listing One Hawaiian Species and Four Marine Species

by Nossaman LLP on

On September 19, 2016, the National Marine Fisheries Service (NMFS) published proposed rules to list two species of dolphin and two species of guitarfish under the Endangered Species Act (ESA). NMFS proposes to list the...more

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