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
On August 28, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court decision upholding a U.S. Fish and Wildlife Service (“Service”) determination that the Sonoran Desert Area bald eagle does not...more
In a prior e-alert, we described the effort of the California State Water Resources Control Board (State Board) to develop a new regulatory program for discharge of dredged or fill materials to waters of the state. The...more
In addition to a January 20th Presidential Memorandum freezing all, not yet enacted, rules and sending them back to the agencies and Office of Management and Budget for reconsideration, and the utilization of the...more
2/23/2017
/ Amended Regulation ,
Bureau of Land Management ,
Clean Power Plan ,
Clean Water Act ,
Climate Change ,
Coal Mines ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Land ,
Judicial Review ,
Land-Use Permits ,
Moratorium ,
SCOTUS ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On December 23, 2016, the U.S. Fish and Wildlife Service published a notice of availability and request for public comment in the Federal Register with respect to the draft Environmental Impact Report/Statement (EIR/S) for...more
The election of Donald Trump as President, together with Republican majorities in the House and Senate, is likely to lead to important policy changes across a range of issues. While administration of the Endangered Species...more
11/10/2016
/ Administrative Appointments ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Energy Projects ,
Environmental Policies ,
ESA Listings ,
Judicial Appointments ,
Oil & Gas ,
Pipelines ,
Presidential Nominations ,
Trump Administration ,
Wildlife Protection
Join us for our annual Environmental and Land Use Law Update! This complimentary morning seminar will be comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including...more
In a 2-1 decision, the United States Court of Appeals for the Fifth Circuit rejected challenges to the final rule designating critical habitat for the dusky gopher frog under the Endangered Species Act (ESA) and National...more
The United States District Court for the District of New Mexico issued an opinion and order enjoining the United States from releasing captive-bred wolves within the State of New Mexico without first obtaining importation and...more
In U.S. Army Corps of Engineers v. Hawkes, the Supreme Court held that a Jurisdictional Determination (JD) issued by the U.S. Army Corps of Engineers that specifies whether a particular parcel of property includes waters...more
6/1/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Permits ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States
In December 2015, Defenders of Wildlife employees published an article in the Proceedings of the National Academy of Sciences, in which they compiled and conducted basic statistical analyses of data regarding section 7...more
The California Fish and Game Commission (Commission) is in the midst of major changes. The Commission, which was established in 1870, has been led by a body of five commissioners since 1937. The Commission has a small staff...more
On November 3, 2015, the President issued a memorandum entitled “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment.” In it, he states “[t]his memorandum will encourage private...more
Nossaman will host a complimentary half-day seminar comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including new federal rules implementing the Clean Water Act and...more
On August 6, 2015, the California Fish and Game Commission (Commission) voted to list the southern Sierra Nevada evolutionarily significant unit of the fisher (Pekania pennati) as a threatened species under the California...more
Governor Brown has announced the nomination of Eric Sklar and Anthony Williams to serve on the California Fish and Game Commission (Commission). The five-member Commission is established under article IV, section 20 of the...more
In a decision with major repercussions for the building industry in California, the California Supreme Court unanimously rejected a constitutional challenge to San Jose's affordable housing ordinance. California Building...more
Thursday, in response to a petition to list filed by the Center for Biological Diversity (CBD) in October 2014, the California Fish and Game Commission (Commission) determined not to make the tricolored blackbird (agelaius...more
In a decision that will have ripple effects on water diversions throughout California, the Court of Appeal held that section 1602 of the Fish and Game Code requires notification to the Department of Fish and Wildlife...more
On May 1, 2015, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the wildlife agencies) issued a final rule amending the regulations governing consultation under section 7 of the...more
In a three-page memorandum decision, the United States Court of Appeals for the Ninth Circuit dismissed Wild Equity and other groups’ appeal from a lower court decision, dismissing as moot a lawsuit alleging that the City and...more
The Modoc sucker (Catostomus microps), a small fish with a range limited to northeast California and south-central Oregon, was listed as endangered in 1985. A recovery plan for the species was adopted by the Service in 1992,...more
The Transportation Research Bureau (“TRB”), a division of the National Research Council within the National Academies, has released a report entitled Innovative Airport Responses to Threatened and Endangered Species. The...more
As numerous news outlets reported, see L.A. Times and S.F. Chronicle, the United States Court of Appeals for the Ninth Circuit issued a decision reversing a lower court and affirming a biological opinion and reasonable and...more
12/29/2014