News & Analysis as of

Permits Incidental Take Permits

Lowndes

Florida Applicants in “Regulatory Limbo” after D.C. Court Invalidates Florida’s Section 404 Permitting Authority

Lowndes on

On February 15, 2024, the U.S. District Court for the District of Columbia issued an opinion invalidating the State of Florida’s (State) partial assumption of the Section 404 permitting program under the Clean Water Act...more

Perkins Coie

US Fish and Wildlife Service Reinstates MBTA Interpretation and Seeks Input on Take Permitting Scheme

Perkins Coie on

The U.S. Fish and Wildlife Service revoked its January 7, 2021, rule defining the scope of the Migratory Bird Treaty Act as it applies to conduct that results in the injury or death of protected migratory birds. Revocation of...more

Orrick, Herrington & Sutcliffe LLP

Virginia’s Alternative Take on Migratory Birds

The Commonwealth of Virginia is pursuing migratory bird protection in response to the Trump administration’s proposed relaxation of Migratory Bird Treaty Act (“MBTA”) enforcement....more

White & Case LLP

Offshore wind projects: Assessing the environmental impact: United Kindgdom

White & Case LLP on

A global leader in offshore wind power capacity, the UK has seen rapid expansion in the sector. Government policy and strong investor interest have resulted in robust growth in the development of offshore wind farms in the...more

White & Case LLP

Offshore wind projects: Assessing the environmental impact: Mexico

White & Case LLP on

With no offshore precedents, project proponents may find complexity, inconsistency and opportunity. In Latin America, Mexico has been a leader in the development of onshore wind energy plants. However, no offshore projects...more

White & Case LLP

Offshore wind projects: Assessing the environmental impact: Japan

White & Case LLP on

Despite strong government support and growing capacity, a lengthy approval process may slow progress. In November 2018, the National Diet of Japan enacted the Act of Promoting Utilization of Sea Areas in Development of Power...more

White & Case LLP

Offshore wind projects: Assessing the environmental impact: Australia

White & Case LLP on

Offshore wind projects face challenges that are not addressed by the regulatory system established for onshore projects. The Australian government's mandatory renewable energy target (MRET) supports investment in renewable...more

Farella Braun + Martel LLP

Revised Eagle “Incidental Take” Permit Regulations Strike a Better Balance

In December 2016, the U.S. Fish and Wildlife Service (Service) issued new regulations that provide an important mechanism for renewable energy, transmission line and other development projects to obtain eagle “incidental...more

Nossaman LLP

U.S. Fish and Wildlife Service Finalizes Eagle Permit Program Revisions, Announces Intent to Prioritize Bald and Golden Eagle...

Nossaman LLP on

On December 16, 2016, the U.S. Fish and Wildlife Service (Service) issued a long-awaited final rule (Rule) revising the regulations that govern the Service’s eagle take permit program (Eagle Permit Program) under the Bald and...more

Pierce Atwood LLP

Federal Judge Dismisses Atlantic Salmon ESA, CWA Claims Involving Maine Dams

Pierce Atwood LLP on

On Monday, January 14, U.S. District Court Judge George Singal dismissed Endangered Species Act (ESA) and Clean Water Act (CWA) claims against several dam owners and operators located along the Kennebec and Androscoggin...more

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