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National Environmental Policy Act ESA Listings

Snell & Wilmer

Bird Trouble: Trump Administration Plans for Greater Sage Grouse Shot Down by Federal Court; States Take a Shot Too

Snell & Wilmer on

The greater sage-grouse is a chicken-like bird that is currently found in 11 western states. For more than 25 years, there has been considerable controversy concerning whether to list the greater sage-grouse for protection...more

Nossaman LLP

Texas Federal Court Grants Preliminary Injunction Based On Sea Turtle Concerns

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On March 13, 2017, the U.S. District Court for the Southern District of Texas granted a preliminary injunction relying primarily on Endangered Species Act (ESA) claims, halting operation of a mooring project on the Lydia Ann...more

Nossaman LLP

Long Awaited Eagle Rule Revamp Out for Public Comment

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On May 6, 2016, the U.S. Fish and Wildlife Service (“Service”) published its proposed revisions to the Bald and Golden Eagle Protection Act (“BGEPA”) permit program.  The stated intention of these proposed revisions is to...more

K&L Gates LLP

Eagles Back in the Nest: FWS 30-Year Eagle “Take” Rule Vacated Less than Two Years after Implementation

K&L Gates LLP on

On August 11, 2015, the United States District Court for the Northern District of California struck down a U.S. Fish and Wildlife Service (the “Service”) regulation that increased the maximum duration of programmatic permits...more

McDermott Will & Emery

Wind Farms and Eagle “Take” Permits – Litigation is Coming Over the New “30-Year” Permit Rule

The U.S. Fish and Wildlife Service (FWS) recently changed its eagle “take” permitting rules to allow wind developers to apply for 30-year take permits; previously, such permits, which allow the incidental killing of eagles,...more

BakerHostetler

Ninth Circuit Affirms APHIS’s Deregulation of Roundup Ready Alfalfa; Denies Plaintiffs’ Request for Rehearing En Banc

BakerHostetler on

In May 2013, the Ninth Circuit in Center for Food Safety v. Vilsack, No. 12-15052 (9th Cir. May 17, 2013), affirmed a district court’s ruling that upheld the U.S. Department of Agriculture’s Animal and Plant Health Inspection...more

Nossaman LLP

Ninth Circuit Upholds Idaho Roadless Rule, Finding U.S. Fish And Wildlife's Reliance On U.S. Forest Service Commitments Reasonable

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In Jayne v. Sherman, --- F.3d ---, 2013 U.S. App. Lexis 417, *1 (9th Cir. Jan. 7, 2013), the United States Court of Appeals for the Ninth Circuit upheld a biological opinion issued by the U.S. Fish and Wildlife Service (FWS)...more

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