On February 12, 2024, the U.S. Fish and Wildlife Service (“USFWS” or “Service”) issued a long-awaited final rule revising its eagle permit program under the Bald and Golden Eagle Protection Act (15 U.S.C. 668-668d) (“BGEPA”)....more
On September 14, 2022, the U.S. Fish and Wildlife Service (the “Service”) published a proposed rule to list the tricolored bat (Perimyotis subflavus, “TCB”) as endangered under the Endangered Species Act (“ESA”). This action,...more
On May 7, 2021, the U.S. Fish and Wildlife Service (“USFWS” or “Service”) published a proposed rule that would restore the traditional interpretation of the Migratory Bird Treaty Act (“MBTA”) as prohibiting incidental take...more
On December 16, 2016 the U.S. Fish and Wildlife Service (Service) published a final rule (Final Rule) revising its 2009 regulations establishing requirements for issuance of permits for “non-purposeful take” of bald and...more
On January 13, the U.S. Fish and Wildlife Service (Service) released its Final 4(d) Rule for the Northern Long-Eared Bat (Final Rule). The Final Rule greatly expands upon the scope of the interim 4(d) rule that the Service...more
On September 4, 2015, the Fifth Circuit Court of Appeals reversed the misdemeanor convictions of Citgo Petroleum Corporation and Citgo Refining and Chemicals Company, L.P. (collectively Citgo) for “taking” migratory birds in...more
9/16/2015
/ Appeals ,
Criminal Prosecution ,
Energy Projects ,
Energy Sector ,
Incidental Take Permits ,
Migratory Bird Treaty Act (MBTA) ,
Oil & Gas ,
Renewable Energy ,
Reversal ,
Strict Liability ,
Takings Clause ,
US Fish and Wildlife Service