On May 7, 2021, the U.S. Fish and Wildlife Service (USFWS), as many anticipated, published a proposed rule to revoke a Trump Administration rule impacting the scope of the Migratory Bird Treaty Act (MBTA). The Trump...more
This is the final in our series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020 by the Council on Environmental Quality (CEQ) (“Final Rule”)....more
9/4/2020
/ Administrative Procedure Act ,
CEQ ,
Congressional Review Act ,
Environmental Assessments ,
Environmental Impact Statements ,
Environmental Policies ,
Environmental Review ,
Final Rules ,
NEPA ,
Preliminary Injunctions ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration
On August 11, 2020, a federal district court in New York ruled that the unintentional or incidental “take” of migratory birds is a crime under the Migratory Bird Treaty Act (“MBTA”), vacating a Department of the Interior...more
8/12/2020
/ Department of the Interior ,
Deregulation ,
Endangered Species ,
Environmental Policies ,
Incidental Take Permits ,
Migratory Bird Treaty Act (MBTA) ,
Regulatory Reform ,
Regulatory Standards ,
Statutory Interpretation ,
Strict Liability ,
Trump Administration ,
Vacated
On June 4, 2020, President Trump signed an executive order to provide federal agencies the foundation to speed up environmental permitting in the wake of COVID-19. ...more
6/12/2020
/ Clean Water Act ,
Construction Project ,
Coronavirus/COVID-19 ,
Economic Development ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Executive Orders ,
Infrastructure ,
Marine Life Protections ,
NEPA ,
Permits ,
Regulatory Burden ,
Trump Administration
Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more
1/31/2020
/ Comment Period ,
Department of the Interior ,
Deregulation ,
Endangered Species ,
Energy Projects ,
Environmental Policies ,
Incidental Take Permits ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Notice of Intent ,
Proposed Regulation ,
Public Comment ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Standards ,
Rulemaking Process ,
Statutory Interpretation ,
Strict Liability ,
Trump Administration ,
US Fish and Wildlife Service ,
Wind Farm ,
Wind Power
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
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
10/25/2017
/ Comment Period ,
Conservation ,
Critical Habitat ,
Delisting ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Proposed Rules ,
Trump Administration ,
US Fish and Wildlife Service
On January 31, 2017, President Trump announced Judge Neil M. Gorsuch as his nominee to fill the ninth seat of the United States Supreme Court, left vacant since Justice Antonin Scalia’s passing in February 2016. Judge...more