On March 5, 2024, the Center for Biological Diversity and several other groups submitted a petition to the California Fish and Game Commission (the Commission) to list the western burrowing owl (Athene cunicularia hypugaea)...more
On December 21, 2023, I published a post on the Center for California Water Resources Policy and Management’s DeltaCurrents blog discussing integration of resource optimization into endangered species policy to improve...more
12/28/2023
/ California ,
Critical Habitat ,
Endangered Species ,
Environmental Policies ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
Regulatory Oversight ,
US Fish and Wildlife Service ,
Water ,
Water Conservation ,
Water Resources Facilities ,
Water Supplies ,
Wildlife Protection
On June 16, 2023, in a highly anticipated decision, the United States Court of Appeal for the D.C. Circuit set aside a biological opinion regarding the effects of the federal lobster fishery on the North Atlantic right whale...more
6/21/2023
/ Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
Regulatory Oversight ,
US Fish and Wildlife Service ,
Vacated
On February 28, 2023, I published a post on the Center for California Water Resources Policy and Management’s DeltaCurrents blog discussing Species Status Assessments (SSAs) as a tool to facilitate implementation of the...more
3/6/2023
/ Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Assessments ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Oversight ,
US Fish and Wildlife Service ,
Water Management
In July 2021, CalTrout submitted a petition to the California Fish and Game Commission (Commission) to list a population of the fish Oncorhynchus mykiss, referred to as the Southern California Steelhead or Southern Steelhead,...more
This week, I published a post on the Center for California Water Resources Policy and Management’s DeltaCurrents blog discussing the Biden Administration’s proposal to rescind the definition of habitat. ...more
On September 20, 2021, the U.S. District Court for the Central District of California set aside the U.S. Fish and Wildlife Service’s (Service) negative 12-month finding (Finding) on a petition by WildEarth Guardians...more
The U.S. Fish and Wildlife Service (Service) recently listed the Franklin’s bumble bee as an endangered species under the Endangered Species Act. Historical records indicate that the species is endemic to southwest Oregon...more
The California Endangered Species Act (CESA) is one of the most important legal tools available to the Fish and Game Commission and Department of Fish and Wildlife to protect the State’s wildlife resources. The listing...more
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
12/17/2020
/ Conservation ,
Corporate Counsel ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
Regulatory Oversight ,
Regulatory Reform ,
US Fish and Wildlife Service
The California Fish and Game Commission deferred the decision on whether to make the western Joshua tree a candidate for listing to a special meeting in September 2020. In a hearing on August 20, 2020, the Commission heard a...more
The Departments of Commerce and the Interior (Departments) have completed a proposed rule to define the term “habitat” as that term is used in the context of designating “critical habitat” under section 7(a)(2) of the...more
Over the past decade, proponents of an effort to remove four dams on the lower Klamath River have hit a series of roadblocks. The most recent came on July 16, 2020, when the Federal Energy Regulatory Commission (FERC) voted...more
7/21/2020
/ Agricultural Land ,
Critical Habitat ,
Dams ,
Endangered Species ,
Environmental Policies ,
Farms ,
FERC ,
Inland Waterways ,
Native American Issues ,
Natural Resources ,
Popular ,
State and Local Government ,
Tribal Lands ,
Water Rights
Paul Weiland recently participated in the 2020 California Water Law Symposium, held at San Francisco's Golden Gate University School of Law. The theme of this year's Symposium was "Federalism & Water: Shifts in State/Federal...more
3/10/2020
/ Agricultural Land ,
Critical Habitat ,
Dams ,
Endangered Species ,
Environmental Policies ,
Farms ,
Inland Waterways ,
Native American Issues ,
Natural Resources ,
Regulatory Reform ,
State and Local Government ,
Tribal Governments ,
Tribal Lands ,
Water Rights
On January 15, 2020, the United States Court of Appeals for the Fifth Circuit reversed a lower court decision that upheld the determination of the U.S. Fish and Wildlife Service (Service) denying a petition to delist the...more
1/16/2020
/ Appeals ,
Conservation ,
Critical Habitat ,
Delisting ,
Deregulation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Regulatory Reform ,
Reversal ,
Rulemaking Process ,
US Fish and Wildlife Service
On November 21, 2019, the California Secretary for Natural Resources announced California’s decision to sue the federal government over its biological opinions for continuing operations of the California State Water Project...more
The Center for Biological Diversity and Mountain Lion Foundation submitted a petition to the California Fish and Game Commission (the “Commission”) to list mountain lions (Puma concolor) in southern and central California as...more
On June 12, 2019, the California Fish and Game Commission (Commission) voted 3-1 that listing four subspecies of bumble bee may be warranted under the California Endangered Species Act (CESA).? ...more
On November 27, 2018, the U.S. Supreme Court ruled that an area is eligible to be designated as “critical habitat” under the Endangered Species Act (ESA) only if the area is habitat for the relevant threatened or endangered...more
11/30/2018
/ Appeals ,
Conservation ,
Critical Habitat ,
Economic Impact Analysis ,
Endangered Species ,
ESA Listings ,
Judicial Review ,
Private Property ,
SCOTUS ,
US Fish and Wildlife Service ,
Weyerhaeuser Company v United States Fish and Wildlife Service
The Klamath River Renewal Corporation (the “corporation”) recently submitted a plan for the removal of four dams on the lower Klamath River to the Federal Energy Regulation Commission (FERC). ...more
7/24/2018
/ Agricultural Land ,
Critical Habitat ,
Dams ,
Endangered Species ,
Environmental Policies ,
Farms ,
FERC ,
Inland Waterways ,
Native American Issues ,
Natural Resources ,
State and Local Government ,
Tribal Lands ,
Water Rights
In late May 2018, the Klamath Tribes filed a lawsuit in the United States District Court for the Northern District of California seeking to shut down the Bureau of Reclamation’s Klamath Irrigation Project, which supplies...more
6/7/2018
/ Agricultural Land ,
California Endangered Species Act ,
Conservation ,
Critical Habitat ,
Dams ,
Deregulation ,
Endangered Species ,
Environmental Policies ,
Farms ,
Habitat Conservation Plan ,
Inland Waterways ,
Legislative Agendas ,
Native American Issues ,
Natural Resources ,
Proposed Legislation ,
Regulatory Reform ,
State and Local Government ,
Tribal Lands ,
Water Rights
On April 19, 2018, the California Fish and Game Commission voted 4-0 to list the tricolored blackbird (Agelaius tricolor) as a threatened species. A statewide survey conducted in 2017 estimated the California population of...more
In Friends of the River v. National Marine Fisheries Service, the U.S. District Court for the Eastern District of California rejected challenges to Army Corps of Engineers and National Marine Fisheries Service decisions...more
2/28/2018
/ Critical Habitat ,
Dams ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Claims ,
Hydropower ,
Inland Waterways ,
National Marine Fisheries Service ,
Popular ,
US Army Corps of Engineers ,
Water Diversion ,
Watershed
At its February 2018 meeting, the California Fish and Game Commission (“Commission”) received the one-year status review report on a petition to list tricolored blackbird (Agelaius tricolor) as a threatened or endangered...more
On January 22, 2018, the U.S. Supreme Court granted review of the petition for writ of certiorari in Weyerhauser Co. v. U.S. Fish and Wildlife Service, No. 17-71. Petitioners challenge a 2-1 panel decision issued by the...more