News & Analysis as of

National Marine Fisheries Service Climate Change

Foley Hoag LLP - Energy & Climate Counsel

D.C. Circuit 2019 RVO Decision is a Mixed Bag for Biofuels

The biofuels industry has had a challenging season in the courts. Several weeks ago, the U.S. Supreme Court overturned a decision by the U.S. Court of Appeals for the Tenth Circuit that had limited EPA’s ability to grant...more

Allen Matkins

California Environmental Law & Policy Update - March 2020

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California approves ambitious new plan to deal with climate change and sea-level rise - San Francisco Chronicle – February 26 - The state's Ocean Protection Council, the cabinet-level policy body within the California...more

Perkins Coie

Federal Agencies Must Modify Operations at Columbia River Hydroelectric System to Protect Salmonid Species

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The Federal Court of Appeals for the Ninth Circuit recently affirmed a district court order requiring that the National Marine Fisheries Service, the Corps of Engineers, and the Bureau of Reclamation conduct spill operations...more

Nossaman LLP

National Marine Fisheries Service Declines to List Pacific Bluefin Tuna

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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

Stoel Rives - Environmental Law Blog

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

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

Holland & Knight LLP

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

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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

Allen Matkins

California Environmental Law & Policy Update - October 2016 #4

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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

Sheppard Mullin Richter & Hampton LLP

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

Nossaman LLP

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

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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

Allen Matkins

California Environmental Law & Policy Update - September 2015 #3

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Environmental and Policy Focus - United States, China sign landmark climate change declaration at Los Angeles summit: Courthouse News - Sep 15: U.S. and Chinese leaders on Tuesday signed a landmark declaration on climate...more

Nossaman LLP

Chairmen of U.S. Congressional Environmental Committees Criticize EPA’s Failure to Consult Regarding the Potential Impacts of...

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On June 15, 2015, Senator James Inhofe (R-Okla.), Chairman of the U.S. Senate Committee on Environment and Public Works, and Congressman Rob Bishop (R-Utah), Chairman of the U.S. House Committee on Natural Resources, sent a...more

Nossaman LLP

NMFS Proposes Critical Habitat for the Threatened Arctic Ringed Seal

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On December 3, 2014, the National Marine Fisheries Service (NMFS) published its proposed rule designating critical habitat for the threatened Arctic Ringed Seal (Phoca hispida hispida). (79 Fed. Reg. 71,714)....more

Nossaman LLP

Citing Disagreements Over Climate Change Data, National Marine Fisheries Service Postpones Listing Determination On 68 Coral...

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In December 2012, the National Marine Fisheries Service (NMFS) published a proposed rule to list 66 species of reef-building coral as threatened or endangered under the Endangered Species Act (ESA), and to re-classify two...more

Nossaman LLP

National Marine Fisheries Service Lists Two Arctic Seals Under The Endangered Species Act

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On December 28, 2012, the National Marine Fisheries Service (NMFS) issued a final rule listing three subspecies of the ringed seal as threatened and one subspecies as endangered under the Endangered Species Act (ESA). The...more

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