News & Analysis as of

Notice of Intent Endangered Species Act (ESA)

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

Endangered Species Act/Citizen Suit Action: Earthjustice Alleges U.S. Department of Interior Violations Approving Pinto Valley...

Earthjustice sent a June 11th 60-day Endangered Species Act (“ESA”) citizen suit Notice of Intent to Sue (“NOI”) to the Tonto National Forest (“Forest”). The NOI alleges that Forest violated Section 7 of the ESA in its...more

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

Citizen Suit Enforcement/Endangered Species: Center for Biological Diversity Notice of Intent to Sue U.S. Fish and Wildlife...

The Center for Biological Diversity (“CBD”) sent a February 21st Notice of Intent to Sue (“NOI”) to the United States Fish and Wildlife Service (“Service”) for an alleged violation of the Endangered Species Act (“ESA”). ...more

Pierce Atwood LLP

DOE Issues Proposed Rules to Accelerate Permitting and Enable More Rapid Deployment of Interstate Transmission Projects

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On August 10, 2023, the Department of Energy (“DOE”) issued a Notice of Proposed Rule Making (“NOPR”) proposing to establish an integrated Coordinated Interagency Transmission Authorizations Program (“CITAP Program”) that...more

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

Endangered Species Act: Center for Biological Diversity Notice of Intent to Sue U.S. Fish and Wildlife Service in Regard to...

The Center for Biological Diversity (“CBD”) issued a February 7th news release stating that it has sent a Notice of Intent to Sue (“NOI”) the United States Fish and Wildlife Service (“Service”) for delaying listing under the...more

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

Barrens Topminnow/Tennessee: Center for Biological Diversity Notice of Intent to Sue U.S. Fish and Wildlife Service for Alleged...

The Center for Biological Diversity (“CBD”) sent an August 15th Notice of Intent to Sue (“NOI”) to the United States Fish and Wildlife Service and Department of the Interior (collectively, “Service”) alleging violation of the...more

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

Endangered Species Act/Bullitt County (Kentucky) Transmission Pipeline: Center for Biological Diversity Notice of Intent to Sue...

The Center for Biological Diversity (“CBD”) and Kentucky Resources Council (collectively “CBD”) sent a 60-day Notice of Intent (“NOI”) to Sue the United States Fish and Wildlife Service (“Service”) and United States Army...more

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

Cadmium/Endangered Species Act: Center for Biological Diversity Notice of Intent to Sue for Alleged Violation of Section 7

The Center for Biological Diversity (“CBD”) sent a December 16th Notice of Intent to Sue (“NOI”) to the United States Environmental Protection Agency (“EPA”) for alleged violations of Section 7 of the Endangered Species Act...more

Nossaman LLP

Environmental Groups Allege Illegal Take of Sea Turtles by Florida Resorts

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A pair of non-profit organizations recently served a 60-day notice of intent (Notice) to file a citizen suit against Hilton Hotels, Bahia Mar Resorts, and the Suntex Marinas (collectively, the Resorts) under section 9 of the...more

Nossaman LLP

California Files Challenge to Federal Decisions Governing Operation of California Water Projects

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The State of California recently sent a 60-day notice of intent to sue to the Secretaries of Commerce and the Interior and concurrently filed a lawsuit in the U.S. District Court for the Northern District of California...more

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

Waters of the United States/Clean Water Act: Environmental Organizations Notice of Intent to Sue U.S. Environmental Protection...

The Waterkeeper Alliance and a number of other environmental organizations (collectively “Waterkeeper”) sent a February 13th Notice of Intent to Sue (“NOI”) to the United States Environmental Protection Agency and United...more

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

Endangered Species Act: Center for Biological Diversity Notice of Intent to Sue U.S. Fish and Wildlife Service for Delay in...

The Center for Biological Diversity (“CBD”) sent a January 15th Notice of Intent to Sue (“Notice”) to the United States Fish and Wildlife Service (“Service”) for an alleged delay in addressing nine species that are: . . ....more

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

Spring Pygmy Sunfish/Endangered Species Act: Center for Biological Diversity/Tennessee Riverkeeper Enter into Settlement Agreement...

The Center for Biological Diversity and Tennessee Riverkeeper (collectively “CBD”) entered into a Settlement and Release Agreement (“Agreement”) with Mazda Toyota Manufacturing, U.S.A. (“Mazda”) addressing potential...more

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

Endangered Species Act/Citizen Suit Action: Center for Biological Diversity Notice of Intent to Sue Mazda Toyota Manufacturing,...

The Center for Biological Diversity and Tennessee Riverkeeper (collectively “CBD”) sent an August 14th Sixty-Day Notice of Intent to Sue Mazda Toyota Manufacturing, U.S.A. (“Toyota-Mazda”) and the City of Huntsville, Alabama,...more

Beveridge & Diamond PC

New White House Guidance and Multi-Agency MOU Continue Push to Expedite Environmental Reviews and Permitting for Major...

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The Office of Management and Budget and Council on Environmental Quality, on March 20, 2018, issued a Memorandum instructing federal agencies how to implement the “One Federal Decision” policy established in Executive Order...more

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

Applicability Date Change/Waters of the United States Rule: Center for Biological Diversity Notice of Intent to Sue U.S....

The Center for Biological Diversity and a number of other organizations (collectively “CBD”) submitted a February 14th Notice of Intent to Sue alleging that the United States Environmental Protection Agency and the Army Corps...more

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

Endangered Species Act/Notice of Intent to Sue: Environmental Groups Allege Violations Associated with Highway Construction

The Center for Biological Diversity (“CBD”) sent an October 16th Notice of Intent to Sue for Violations of the Endangered Species Act (“ESA”) in regards to the Longmeadow Parkway, Huntley Road and Illinois Route 62...more

Kelley Drye & Warren LLP

ESA Mega-Settlement Part II: CBD Files Notice of Intent to Sue Over 417 Species

The Center for Biological Diversity (“CBD”) filed on August 23, 2016 a Notice of Intent to sue the U.S. Fish & Wildlife Service (“FWS” or “the Service”) over missed Endangered Species Act (“ESA”) 12-month finding deadlines...more

Stoel Rives LLP

Center for Biological Diversity Files 60-Day Notice of Intent to Sue the U.S. Fish and Wildlife Service on Final 4(d) Rule for...

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As we discussed in a previous post, on January 14, 2016, the U.S. Fish and Wildlife Service (Service) published a final 4(d) rule under the Endangered Species Act for the northern long-eared bat. As we noted, although the...more

Bergeson & Campbell, P.C.

EPA Releases Draft NPDES Pesticide General Permit for Discharges

On January 26, 2016, the U.S. Environmental Protection Agency (EPA) published its draft National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges from the Application of Pesticides in the Federal...more

Nossaman LLP

Notice Period Doesn't Cause 9th Circ. To Pause on ESA

Nossaman LLP on

The decision by the Ninth Circuit in Alliance for the Wild Rockies v. U.S. Dep't of Agriculture, No. 13-35253 (9th Cir. Nov. 20, 2014), permitting plaintiffs to amend a complaint to add claims under the federal Endangered...more

Nossaman LLP

ESA Section 9 Case Dismissed Because of Allegations re Take

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Earlier this month, the United States District Court for the Northern District of California dismissed a lawsuit brought under section 9 of the Endangered Species Act (ESA) because, instead of attacking a specific project or...more

Stoel Rives LLP

American Bird Conservancy Sends Notice of Intent to Sue Administration Over Revised Eagle Permit Rule

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On April 30, 2014, the American Bird Conservancy (“ABC”) sent a Notice of Intent to Sue (“Notice”) to Secretary of the Interior Sally Jewell and Director of the U.S. Fish and Wildlife Service (“Service’) Dan Ashe, alleging...more

Nossaman LLP

District Court Holds Claims Under Section 10 Of The Endangered Species Act Do Not Require 60-Day Notice Of Intent To Sue

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On July 22, 2013, the U.S. District Court for the Western District of Washington held that plaintiffs’ claims regarding the U.S. Fish and Wildlife Service’s (Service) alleged violation of section 10 of the Endangered Species...more

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