In a unanimous decision with immediate repercussions for the administration of the Endangered Species Act (ESA), the U.S. Supreme Court held that an area is eligible for designation as critical habitat under the ESA only if...more
11/30/2018
/ Appeals ,
Conservation ,
Critical Habitat ,
Economic Impact Analysis ,
Endangered Species Act (ESA) ,
Judicial Review ,
Private Property ,
SCOTUS ,
Statutory Interpretation ,
US Fish and Wildlife Service ,
Weyerhaeuser Company v United States Fish and Wildlife Service
The Federal Court of Appeals for the Ninth Circuit recently affirmed a district court order requiring that the National Marine Fisheries Service, the Corps of Engineers, and the Bureau of Reclamation conduct spill operations...more
11/26/2018
/ Appeals ,
Bureau of Reclamation ,
Climate Change ,
Dams ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Injunctions ,
Irreparable Harm ,
National Marine Fisheries Service ,
Salmon ,
US Army Corps of Engineers
A core principle of the California Coastal Act is to maximize public access to the coast, including recreational opportunities in the coastal zone. The Court of Appeal determined that the Coastal Commission acted within its...more
11/7/2018
/ Appeals ,
Beach Access ,
California Coastal Commission ,
Construction Project ,
Hotels ,
Jurisdiction ,
Land Use Restrictions ,
Ports ,
Proposed Amendments ,
Public Access Laws ,
Recreation ,
Reversal ,
Zoning Laws
On April 9, 2018, the heads of a dozen federal agencies executed a memorandum of understanding on implementation of Executive Order 13807, which directed federal agencies to expedite environmental review and permitting for...more
The $1.3 trillion Consolidated Appropriations Act of 2018, which was signed into law on March 23, 2018, (the Act) includes bipartisan measures to fundamentally change how the U.S. Forest Service and other federal agencies pay...more
4/9/2018
/ Amended Legislation ,
Disaster Aid ,
Endangered Species Act (ESA) ,
Federal Budget ,
Federal Funding ,
Forest Service ,
Natural Disasters ,
NEPA ,
New Legislation ,
Trump Administration ,
Utilities Sector ,
Wildfires
On February 12, 2018, the White House released a set of proposals to streamline the federal environmental review process for infrastructure projects. The 55-page “Legislative Outline for Rebuilding Infrastructure in America”...more
The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of...more
The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of...more