On January 5, 2024, the Department of the Interior (Interior) will issue a notice of a proposed rulemaking (NPRM) to provide the first significant revisions to its natural resource damage assessment and restoration (NRDAR)...more
On November 10, 2021, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule to list the bracted twistflower (Streptanthus bracteatus), a plant species found only in Texas, as a threatened species under the...more
11/15/2021
/ Comment Period ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Public Comment ,
Regulatory Oversight ,
Regulatory Reform ,
Rulemaking Process ,
US Fish and Wildlife Service
This week, the U.S. Fish and Wildlife Service (USFWS) issued three separate notices in the Federal Register concerning the agency’s 12-month findings on a number of petitions to list various wildlife and plants under the...more
9/30/2021
/ Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Environmental Review ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Rulemaking Process ,
US Fish and Wildlife Service
Last Friday, the U.S. Fish and Wildlife Service (“USFWS”) finalized the removal of the now-recovered Trifolium stoloniferum (running buffalo clover) from the list of endangered and threatened wildlife and plants protected...more
This week, the U.S. Fish and Wildlife Service (“USFWS”) announced the availability of two revised economic analysis documents related to the agency’s proposed rule concerning incidental take under the Migratory Bird Treaty...more
In this episode of Digging Into Land Use Law, Nossaman Environment & Land Use Group Partner Linda Larson and Associate Brian Ferrasci-O'Malley dive into the issues surrounding the effects of climate change on American...more
In the first week of May, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) proposed rules to remove six species from the lists of endangered and threatened wildlife and plants...more
5/12/2021
/ Comment Period ,
Conservation ,
Critical Habitat ,
Delisting ,
Deregulation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
US Fish and Wildlife Service
On April 15, 2020, the U.S. District Court for the District of Montana issued an order that could impact energy and development projects across the United States. ...more
On April 15, 2020, the U.S. District Court for the District of Montana issued an order that could impact energy and development projects across the United States. The court granted partial summary judgment in favor of...more
4/19/2020
/ Endangered Species Act (ESA) ,
Energy & Climate Debates ,
Energy Policy ,
Energy Projects ,
Environmental Policies ,
Keystone XL Pipeline ,
NEPA ,
Oil & Gas ,
Real Estate Development ,
Urban Planning & Development ,
US Army Corps of Engineers ,
Vacated
On October 7, 2019, the U.S. Fish and Wildlife Service (FWS) published a notice in the Federal Register announcing the agency’s 12-month findings that a dozen species are not warranted for listing as endangered or threatened...more
10/18/2019
/ Climate Change ,
Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Regulatory Reform ,
Rulemaking Process ,
US Fish and Wildlife Service
On August 15, 2019, the U.S. Fish and Wildlife Service (FWS) published a series of notices in the Federal Register announcing the agency’s 12-month and 90-day findings on petitions to list a number of species under the...more
8/20/2019
/ Conservation ,
Critical Habitat ,
Deregulation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Regulatory Reform ,
Rulemaking Process ,
US Fish and Wildlife Service
U.S. Fish and Wildlife Service (FWS) announced a proposal to list two intriguing North Carolina aquatic species under the Endangered Species Act (ESA). The FWS was spurred to act in part by a 2010 petition and subsequent...more
5/24/2019
/ Comment Period ,
Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Proposed Rules ,
Regulatory Oversight ,
Rulemaking Process ,
US Fish and Wildlife Service
On January 31, 2019, the U.S. Fish and Wildlife Service (USFWS) announced plans to amend up to 182 Endangered Species Act (ESA) recovery plans, which potentially cover over 305 animal and plant species, over the next year....more
2/5/2019
/ Comment Period ,
Conservation ,
Critical Habitat ,
Deregulation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Regulatory Reform ,
US Fish and Wildlife Service
On October 26, 2018, the Department of the Interior (Interior) closed a 60-day public comment period on its advance notice of a proposed rulemaking (ANPRM) that solicited ideas on revising Interior’s regulations for...more
This week, the U.S. Supreme Court denied certiorari in California Sea Urchin Commission v. Combs (“Combs”), Docket No. 17-1636, an appeal from a Ninth Circuit decision regarding endangered Southern sea otters (Enhydra lutris...more
10/31/2018
/ Chevron Deference ,
Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Fishing Industry ,
Habitat Conservation Plan ,
Marine Mammal Protection Act (MMPA) ,
Petition for Writ of Certiorari ,
Regulatory Oversight ,
US Fish and Wildlife Service
As the U.S. Supreme Court prepares for its upcoming October 2018 term, one petition concerning an endangered sea otter relocation program is attracting a lot of attention as a potential vehicle for the Court to consider the...more
9/19/2018
/ Chevron Deference ,
Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Fishing Industry ,
Habitat Conservation Plan ,
Marine Mammal Protection Act (MMPA) ,
Petition for Writ of Certiorari ,
Regulatory Oversight ,
US Fish and Wildlife Service
On August 27, 2018, the Department of the Interior (Interior) issued a 60-day advance notice of a proposed rulemaking that would overhaul its regulations for conducting natural resource damage assessments and restoration...more
8/29/2018
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
CERCLA ,
Department of the Interior ,
Environmental Assessments ,
Environmental Policies ,
Natural Resources ,
NEPA ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
Rehabilitation and Restoration Plans ,
Rulemaking Process
On July 9, 2018, President Trump nominated Judge Brett Kavanaugh, who currently sits on the U.S. Court of Appeals for the District of Columbia Circuit, to replace retiring Associate Justice Anthony Kennedy on the U.S. Supreme...more
7/16/2018
/ Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Judges ,
Nominations ,
Presidential Appointments ,
SCOTUS ,
Trump Administration
Today, the U.S. Fish and Wildlife Service (Service) finalized its reclassification of the Tobusch fishhook cactus (Sclerocactus brevihamatus ssp. tobuschii), a small cactus found in Texas, downlisting the species from...more
On April 2, 2018, the U.S. Fish and Wildlife Service (Service) proposed downlisting the Hawaiian goose (Branta sandvicensis), locally known as the “nene,” from endangered to threatened under the Endangered Species Act (ESA)....more