News & Analysis as of

US Fish and Wildlife Service Environmental Impact Report (EIR)

Best Best & Krieger LLP

Senate Bill 69 - CEQA Document Filing Change and Fish and Wildlife 2024 Filing Fees Increase

On October 13, 2023, Senate Bill (SB) 69 (Cortese 2023) was enacted and it amended Section 21152 of the Public Resources Code. This amendment provides that all environmental notices (i.e., notices of determination (NODs) and...more

Perkins Coie

EIS and Biological Opinion Invalidated for Offshore Alaska Oil Project

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The Ninth Circuit vacated U.S. Department of the Interior approvals for a proposed offshore oil drilling and production facility in Alaska after finding its EIS improperly failed to consider impacts associated with foreign...more

Pillsbury - Gravel2Gavel Construction & Real...

A Trio of Environmental Decisions from the Fourth Circuit

Within the past few weeks, the U.S. Court of Appeals for the Fourth Circuit has issued some very significant rulings regarding the construction of new natural gas pipelines. ...more

Holland & Hart LLP

Proposed ESA Revisions—Implications for Energy and Natural Resource Interests

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On July 19, 2018, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS, and collectively with FWS, the Services) announced several proposed changes to the regulations implementing the...more

Nossaman LLP

Federal Greater Sage Grouse Conservation Plans Revisited

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The Bureau of Land Management (“BLM”) has announced a 90-day comment period on proposed amendments to six Resource Management Plans (“RMPs”) and associated draft Environmental Impact Statements (“DEISs”) designed to protect...more

Nossaman LLP

Trump Administration Reconsiders Greater Sage Grouse Plans

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It has been a busy October for the greater sage grouse (Centrocercus urophasianus). On October 11, 2017, the Bureau of Land Management (BLM) announced its intention to amend the existing greater sage grouse habitat management...more

Downey Brand LLP

DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit

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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

Downey Brand LLP

WaterFix EIR Certification and NOD Client Alert

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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

Sullivan & Worcester

Monetizing Vacant Land Through Mitigation Banking

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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

Nossaman LLP

Ninth Circuit Upholds Forest Service’s Construction of New Roads in Grizzly Bear Habitat

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On May 17, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the District of Montana and upheld the U.S. Forest Service’s (Forest Service) decision to construct 4.7 miles...more

Perkins Coie

DOI Issues Solicitor’s Opinion That MBTA Prohibits Incidental Take

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The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37041 on January 10, 2017, arguing that incidental take is prohibited under the Migratory Bird Treaty Act (MBTA). The solicitor’s opinion was...more

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Latham & Watkins LLP

US FWS Announces Record of Decision Streamlining Wind Energy Permitting for the Upper Great Plains

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On July 7, 2016, the US Fish and Wildlife Service (FWS) announced its Record of Decision (ROD) for the Upper Great Plains Wind Energy Programmatic Environmental Impact Statement (PEIS). This is the final step in a process...more

Latham & Watkins LLP

US FWS Releases Draft Midwest Wind Energy Multi-Species Habitat Conservation Plan

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On April 15, 2016, the US Fish and Wildlife Service (FWS) issued its Draft Midwest Wind Energy Multi-Species Habitat Conservation Plan (Plan) and Draft Environmental Impact Statement (EIS) proposing a regional approach to...more

Davis Wright Tremaine LLP

Fish and Wildlife Service Supports Renewable Developers and Proposes Revised Eagle Incidental Take Permit Reviving 30-Year...

On May 4, 2016, the United States Fish and Wildlife Service (FWS) released a draft rule and Programmatic Environmental Impact Statement (PEIS) analyzing the impact of the proposed rule on eagles, and extending the duration of...more

Pillsbury Winthrop Shaw Pittman LLP

Risky “Business as Usual”: The California Supreme Court Upholds the BAU Approach to CEQA Climate Impact Analysis, but Sets a High...

In Center for Biological Diversity v. Dept. of Fish and Wildlife,1 the California Supreme Court upheld the “Business as Usual” (BAU) approach for analyzing greenhouse gas (GHG) emissions under the California Environmental...more

Best Best & Krieger LLP

California Supreme Court Decision Regarding Newhall Ranch Development Could Significantly Impact Developments

California Supreme Court Overturns Environmental Impact Report Related to Proposed Residential Development - In a much-anticipated decision, Center for Biological Diversity v. California Department of Fish and Wildlife,...more

Farella Braun + Martel LLP

New Challenges for CEQA Review of Development Projects After California Supreme Court Invalidates Greenhouse Gas Analysis and...

In a 5-2 ruling that poses significant hurdles for developers addressing greenhouse gas (GHG) compliance and protected species mitigation under the California Environmental Quality Act (CEQA), the California Supreme Court...more

Nossaman LLP

California Supreme Court Ponders Greenhouse Gas, Fully Protected Species Issues

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The California Supreme Court heard argument on September 2, 2015 in a greenhouse gas (GHG) and fully protected species case with important state-wide implications. (Center for Biological Diversity v. Department of Fish and...more

K&L Gates LLP

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

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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

K&L Gates LLP

Greater sage-grouse and land use in the inter-mountain west

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The greater sage-grouse—a ground-dwelling, chicken-like bird—has been the focus of controversy pitting conservation against energy development and ranching interests across the inter-mountain west. The greater sage-grouse’s...more

Foley Hoag LLP - Environmental Law

No Short Cuts Allowed: The FWS Must Comply with NEPA Before Extending Programmatic Take Permits to 30 Years

Earlier this month, the Judge Lucy Koh set aside the Fish & Wildlife Service’s decision to extend its programmatic permit for bald and golden eagle takes from five to 30 years. The extension was sought by the wind industry...more

Latham & Watkins LLP

Court Rejects 30 Year Eagle Permit Rule on NEPA Grounds

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On August 11, 2015, the US District Court for the Northern District of California remanded a US Fish & Wildlife Service’s (FWS) 2013 final rule that had extended the maximum duration of eagle take programmatic permits under...more

Beveridge & Diamond PC

Avoiding NEPA – Even for “Worthy Goals” – Is Never Advisable

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From the very first day of my legal career, clients have asked me some variation of this question: “Why can’t we just prepare a shorter Environmental Assessment (EA) or even issue a Categorical Exclusion (no analysis at all)...more

Beveridge & Diamond PC

Court Strikes Down FWS Rule for 30-Year Eagle Incidental Take Permits

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In 2013, the U.S. Fish and Wildlife Service (“FWS”) issued a rule increasing the maximum duration from five to 30 years of programmatic permits under the Bald and Golden Eagle Protection Act to “take” bald or golden eagles...more

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