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Smoother Sailing for Eagles and Industry Ahead?

On September 30, 2022, the U.S. Fish and Wildlife Service (Service) published a proposed rule to amend its eagle permit regulations (Proposed Rule) administered in accordance with the Bald and Golden Eagle Protection Act...more

More Bat News, Service Proposes to List Tricolored Bat as Endangered

On September 14, 2022, the U.S. Fish and Wildlife Service (Service) published a proposed rule to list the tricolored bat (Perimyotis subflavus) (TRBA) as an endangered species under the Endangered Species Act (ESA). The TRBA...more

Fish and Wildlife Service Publishes Hotly Anticipated Northern Long-eared Bat Proposal

The U.S. Fish and Wildlife Service (Service) has announced its proposal to list the northern long-eared bat (Myotis septentrionalis) (NLEB) as endangered under the Endangered Species Act (ESA) (Proposed Rule). While Service...more

Department of the Interior Releases Hefty Agenda

On December 10, 2021, the Biden Administration released the Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which is a semi-annual compilation of information concerning regulations and policy...more

USFWS Gives Texas Salamanders Prime Real Estate

On August 18, 2021, the U.S. Fish and Wildlife Service (“Service”) published in the Federal Register a final rule designating more than 1,315 acres across 14 units as critical habitat (“Final Rule”) for two neotenic...more

The U.S. Fish and Wildlife Service Shows Its Texas Mussel

Today, the U.S. Fish and Wildlife Service (“Service”) published in the Federal Register a proposal to list six Central Texas mussel species under the Endangered Species Act (“ESA”), to issue an ESA section 4(d) rule for one...more

Ninth Circuit Tosses NWP 12 Appeal

On August 11, 2021, the U.S. Court of Appeals for the Ninth Circuit granted partial vacatur of an appeal brought by the U.S. Army Corps of Engineers (Corps) challenging a district court decision to vacate and enjoin use of...more

Congress Urges Action on Monarch

On June 29, 2021, fourteen members of Congress delivered a letter to Secretary of the Interior Deb Haaland, urging the U.S. Fish and Wildlife Service (Service) to use its authority to list the monarch butterfly (Danaus...more

ESA Implementation Thrown Into Flux

On June 4, 2021, the Biden Administration announced its intent to rescind or revise several implementing regulations for the Endangered Species Act (ESA) finalized under the prior administration. ...more

Biden Administration to Review Species Rules and Related Frameworks

On January 20, 2021, President Biden announced his administration will review regulatory actions taken between January 17, 2020 and January 20, 2021 in accordance with an Executive Order titled “Protecting Public Health and...more

Monarch Placed on Candidate List

On December 17, 2020 the U.S. Fish and Wildlife Service (“USFWS”) published its 12-month finding that listing of the monarch butterfly (Danaus plexippus plexippus) is warranted but precluded by higher priority actions. With...more

Federal Wildlife Agencies Release Final Rule Defining “Habitat”

On December 15, 2020, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the agencies) released a pre-publication version of a final rule providing a definition of “habitat” for the...more

USFWS Proposes Rule Codifying “Critical Habitat” Exclusion Analysis

On September 8, 2020, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule codifying procedures for excluding areas of “critical habitat” under section 4 of the Endangered Species Act (ESA). ESA section...more

Monarch Butterfly Conservation Agreement Takes Flight

On April 8, 2020 the U.S. Fish and Wildlife Service (Service) announced its next step in conservation of the Monarch butterfly (Danaus plexippus plexippus): finalization of the Nationwide Candidate Conservation Agreement for...more

COVID-19 And Endangered Species Act Compliance

Many projects require federal incidental take authority due to impacts on species listed under the federal Endangered Species Act (“ESA”). Depending upon the species, this federal take authority is obtained either from the...more

Court Remands Northern Long-eared Bat Listing Back to USFWS

Yesterday, in Center for Biological Diversity v. Everson?, the United States District Court for the District of Columbia overturned the U.S. Fish and Wildlife Service’s (USFWS) decision to list the northern long-eared bat...more

New Faces and Departures at the Department of the Interior and U.S. Fish and Wildlife Service

This week, the media has reported two changes in key roles at the Department of the Interior (“DOI”) and U.S. Fish and Wildlife Service (“USFWS”). Greg Sheehan has reportedly left his role as Principal Deputy Director of...more

Senator Barrasso Continues Efforts to Modernize the Endangered Species Act

The most comprehensive Endangered Species Act (“ESA”) bill of this Congressional session made its debut on July 2, 2018 when Senator John Barrasso (R-Wyo.), Chairman of the Senate Environment and Public Works (“EPW”)...more

Federal Greater Sage Grouse Conservation Plans Revisited

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

U.S. Fish and Wildlife Service Lists Yellow Lance Mussel as Threatened

On April 3, 2018, the U.S. Fish and Wildlife Service (Service) published a final to rule listing the yellow lance mussel (Elliptio lanceolata) as threatened under the Endangered Species Act (ESA). ...more

Ninth Circuit Partially Reverses Agencies’ Sea Turtle and Migratory Bird Conclusions Related to Swordfish Fishery Expansion

On December 27, 2017, the U.S. Court of Appeals for the Ninth Circuit partially reversed and remanded a decision by the United States District Court for the District of Hawaii, delaying if not derailing an expansion in...more

Trump Administration Reconsiders Greater Sage Grouse Plans

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

USFWS Tentatively Supports ESA Reform Bills

On July 19, 2017, the House Committee on Natural Resources held a full committee legislative hearing on five bills that would amend portions of the Endangered Species Act (ESA)....more

Ninth Circuit Upholds the U.S. Fish and Wildlife Service’s Determination on the Whitebark Pine

On April 28, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the United States District Court for the District of Montana’s finding that the U.S. Fish and Wildlife Service’s (Service) determination...more

Texas Federal Court Grants Preliminary Injunction Based On Sea Turtle Concerns

On March 13, 2017, the U.S. District Court for the Southern District of Texas granted a preliminary injunction relying primarily on Endangered Species Act (ESA) claims, halting operation of a mooring project on the Lydia Ann...more

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