On April 17, 2025, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) published a notice in the Federal Register proposing to rescind the Services’ respective...more
On February 9, 2023, the U.S. Fish and Wildlife Service (Service) published proposed revisions to its regulations governing incidental take and enhancement of survival permitting under Endangered Species Act (ESA) section 10....more
2/16/2023
/ Comment Period ,
Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Habitat Conservation Plan ,
Incidental Take Permits ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
US Fish and Wildlife Service
On December 22, 2021, the U.S. Fish and Wildlife Service (Service) proposed to list the cactus ferruginous pygmy owl (Glaucidium brasilianum cactorum) (Owl) as threatened under the Endangered Species Act (ESA) primarily due...more
12/29/2021
/ Climate Change ,
Comment Period ,
Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Regulatory Reform ,
Rulemaking Process ,
US Fish and Wildlife Service
On November 18, 2021, The Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced the availability of a pre-publication version of a proposed rule (Proposed Rule) to amend the definition of Waters...more
12/2/2021
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On October 7, 2021, the Council on Environmental Quality (CEQ) will publish the first of two proposed rulemakings to revise National Environmental Policy Act (NEPA) regulations that had previously been updated in 2020 under...more
On December 3, 2020, the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and other agencies (collectively, “Agencies”) announced an update to the standard Bank...more
12/28/2020
/ Clean Water Act ,
Comment Period ,
Construction Project ,
Environmental Policies ,
Mitigation ,
Real Estate Development ,
Regulatory Reform ,
Section 404 ,
State Department of Fish and Wildlife ,
US Army Corps of Engineers ,
US Fish and Wildlife Service
This week, the U.S. Fish and Wildlife Service (USFWS) announced its opening of 5-year status reviews for 25 southeastern species and 10 southwestern species. Among the species included in the status review are the dusky...more
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
On January 28, 2020, the U.S. Fish and Wildlife Service (USFWS) published a notice and request for information in connection with USFWS’s initiation of 5-year status reviews for 66 species found in California and Nevada....more
1/29/2020
/ Comment Period ,
Conservation ,
Critical Habitat ,
Deregulation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Environmental Review ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Request For Information ,
Rulemaking Process ,
US Fish and Wildlife Service
Yesterday, the Trump Administration announced its long-awaited release of updates to National Environmental Policy Act (NEPA) implementation regulations (Regulations)....more
1/10/2020
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Comment Period ,
Deregulation ,
Environmental Impact Report (EIR) ,
Environmental Review ,
Infrastructure ,
NEPA ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Trump Administration
As we previously reported, more than 150 organizations have requested that the Department of the Interior (DOI) extend the public comment period associated with DOI’s proposed changes to how it will process requests for...more
On December 28, 2018, the Department of the Interior (DOI) published proposed changes to its rules governing how it processes requests for records under the Freedom of Information Act (FOIA) and provided a 30-day timeframe in...more
1/18/2019
/ Comment Period ,
Department of the Interior ,
Endangered Species Act (ESA) ,
Environmental Litigation ,
Federal Budget ,
Federal Funding ,
FOIA ,
Government Shutdown ,
Litigation Strategies ,
Request For Information ,
Rulemaking Process ,
Trump Administration ,
US-Mexico Border Wall