On June 22, 2023, the U.S. Fish and Wildlife Service (“FWS”) and National Marine Fisheries Service (“NMFS”) (collectively, “the Services”) published three proposed rules related to implementation of the Endangered Species Act...more
On September 30, 2022 the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register of a proposed rule amending its regulations authorizing permits for eagle incidental take and eagle nest take....more
On July 5, 2022, a federal court vacated three regulations implementing portions of the Endangered Species Act (“ESA”) related to interagency consultation, the prohibition of take of threatened species, and critical habitat...more
As promised this summer, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“Services”) are working their way through their list of actions to revise, rescind or reinstate five Endangered...more
On August 12, 2019, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (together the “Services”) jointly announced final revisions to their regulations for listing and delisting...more
Last week, the U.S. Fish and Wildlife Service (“USFWS”) and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (“NMFS”) (collectively the “Services”) proposed rules under the Endangered...more
In the continuing saga of the Echanis wind project in Eastern Oregon, U.S. District Court Judge Michael Mosman on April 18 vacated the Bureau of Land Management’s (BLM)’s Record of Decision (ROD) on a right-of-way grant...more
In April 2015, the U.S. Fish and Wildlife Service (“Service”) published a final decision to list the northern long-eared bat as threatened and, rather than publishing a final 4(d) rule, opted to publish an interim 4(d) rule...more
Last week, the U.S. Fish and Wildlife Service (“Service”) announced its 90-day findings on various petitions under the federal Endangered Species Act. The Service found that 23 petitions presented substantial scientific or...more
On May 12, 2014, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the “Services”) jointly issued three interrelated proposals concerning the designation of critical habitat under the Endangered...more
It's official. On Friday, the U.S. Fish and Wildlife Service ("FWS") issued for public inspection a final rule to extend the maximum term for programmatic "take" permits under the Bald and Golden Eagle Protection Act ("Eagle...more
On October 28, 2013, the U.S. Fish and Wildlife Service (“USFWS”) proposed to list the Bi-State distinct population segment (“Bi-State DPS”) of greater sage-grouse (Centrocercus urophasianus) as a threatened species under the...more
On October 28, 2013, the U.S. Fish and Wildlife Service ("Service") proposed to list the Bi-State distinct population segment ("Bi-State DPS") of greater sage-grouse (Centrocercus urophasianus), which occur in the Mono Basin...more
Over 40 percent of the lands in Malheur County have been designated as core habitat for sage grouse by the Oregon Department of Fish and Wildlife ("ODFW"). Other counties in southeastern Oregon are also heavily affected....more
Effective October 30, 2013, a final rule issued jointly by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, the "Services") modifies when and how the Services analyze impacts,...more