Two noteworthy cases have recently been issued by the Ninth Circuit Court of Appeals and the U.S. District Court for the Northern District of California. The two cases address: (1) the interplay between the Federal...more
2/10/2017
/ Administrative Procedure Act ,
Center for Biological Diversity ,
Chemicals ,
Department of the Interior ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
FIFRA ,
National Marine Fisheries Service ,
Pesticides ,
Privileged Documents ,
US Fish and Wildlife Service
The National Marine Fisheries Service (NMFS) recently completed its review of the status of eastern North Pacific harbor seals (Phoca vitulina richardii) in Iliamna Lake, Alaska, a large freshwater lake in Alaska connected to...more
On September 27, 2016, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Agencies) published a final rule that revises the regulations governing the Endangered Species Act’s (ESA) petition process. ...more
In a decision of national importance to the transportation community, the U.S. District Court for the District of Arizona rejected National Environmental Policy Act (NEPA) challenges and Section 4(f) challenges to the 22-mile...more
The U.S. Fish and Wildlife Service (Service) published a final rule removing the San Miguel Island fox (Urocyon littoralis littoralis), Santa Rosa Island fox (U. l. santarosae), and Santa Cruz Island fox (U. l. santacruzae)...more
The U.S. Fish and Wildlife Service (Service) published an interim rule (pdf) revising its civil procedure regulations for the assessment of civil penalties for violations of various laws and regulations within the Service’s...more
7/1/2016
/ Bald and Golden Eagle Protection Act ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Environmental Violations ,
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 ,
Hunting ,
Interim Rule ,
Lacey Act ,
Penalties ,
US Fish and Wildlife Service
In Jamul Action Committee v. Chaudhuri, the United States Court of Appeals for the Ninth Circuit held that the National Indian Gaming Commission (Commission) did not violate the National Environmental Policy Act (NEPA) when...more
On May, 17, 2016, the U.S. Senate Committee on Energy and Natural Resources’ Subcommittee on Water and Energy held hearings on a number of pending bills, including S. 2533, sponsored by Senator Diane Feinstein (D-CA). The...more
This week, two congressional committees are holding three separate hearings on issues related to the Endangered Species Act (ESA). On April 19, the House Committee on Natural Resources will hold an oversight hearing entitled...more
On March 8, 2016, the U.S. Fish and Wildlife Service (Service) announced proposed revisions to its Mitigation Policy that has guided Service recommendations on mitigating the adverse impacts of development on fish, wildlife,...more
Arizona Sen. Jeff Flake (R) and Rep. Matt Salmon (R) recently introduced a bill that would remove several western states from the United States Court of Appeals for the Ninth Circuit and move them to a proposed, to-be-created...more
On December 10, 2015, the California Fish and Game Commission (Commission) voted to advance the tricolored blackbird (Agelaius tricolor) as a candidate species for listing under the California Endangered Species Act (CESA). ...more
On November 16, 2015, the U.S. Fish and Wildlife Service (Service) issued a final rule (pdf) removing the Delmarva fox squirrel (Sciurus niger cinereus) from the list of endangered and threatened species. Following its 2012...more
On September 15, 2015, the U.S. Fish and Wildlife Service (Service) published (pdf) its 12-month finding on a petition to list the New England cottontail (Sylvilagus transitionalis) as an endangered or threatened species...more
In Building Industry Association of the Bay Area v. U.S. Department of Commerce, a decision with significant implications for property owners, the building industry, and the development community at large, the U.S. Court of...more
In Building Industry Association of the Bay Area v. U.S. Department of Commerce, a decision with significant implications for property owners, the building industry, and the development community at large, the U.S. Court of...more
On Tuesday, May 26, 2015, the U.S. Court of Appeals for the District of Columbia Circuit rejected the National Association of Home Builders’ and three other associations’ (collectively, NAHB) challenge to separate settlements...more
On April 27, 2015, the Chairman of the House Armed Services Committee, released the text of the National Defense Authorization Act (Act), including language that would ban the U.S. Fish and Wildlife Service (Service) from...more
On April 2, 2015, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the northern long-eared bat (Myotis septentrionalis) as threatened under the Endangered Species Act (ESA). The Service determined...more
Breathing life into the use of CEQA categorical exemptions, on March 2, 2015, the California Supreme Court held that a reasonable possibility that a project may result in significant effects on the environment alone is not...more
On February 24, 2015, the National Marine Fisheries Service (NMFS) announced a 12-month finding on the Center for Biological Diversity’s (CBD) petition to revise the critical habitat designation for the Southern Resident...more
Last week, the U.S. Fish and Wildlife Service (Service) published three new rules, continuing its flurry of activity from December.
January 16, 2015 – The Service issued a final rule listing the Mexican wolf (Canis...more
The National Marine Fisheries Service (Service) recently published its final rule listing five species of sawfish as endangered under the Endangered Species Act (ESA). The final rule contains the Service’s determination that...more
On November 24, 2014, the National Marine Fisheries Service (Service) issued a new Biological Opinion (BiOp) for the U.S. Army Corps of Engineers’ (Corps) Nationwide Permit Program under the Clean Water Act. The BiOp...more
The U.S. Fish and Wildlife Service (Service) recently announced that it is proposing to list the African lion (Pantera leo leo) as threatened under the Endangered Species Act (ESA). The proposed listing is the result of a...more