On June 22, 2023, the U.S. Fish and Wildlife Service (“FWS”) and National Marine Fisheries Service (“NMFS”) (collectively, “the Services”) published three proposed rules related to implementation of the Endangered Species Act...more
On July 5, 2022, a federal court vacated three regulations implementing portions of the Endangered Species Act (“ESA”) related to interagency consultation, the prohibition of take of threatened species, and critical habitat...more
Of interest to mineral projects, the U.S. Fish and Wildlife Service (USFWS) continues to attempt to revise some of its Endangered Species Act (ESA) implementing regulations to align with the relatively recent decision from...more
On Thursday, June 4, 2020, President Trump signed an Executive Order (“EO”) directing federal agencies to broadly use their existing emergency authority to shorten permitting timelines for transportation infrastructure, civil...more
Stoel Rives is actively monitoring developments in the North Slope Area Plan (NSAP). This week, the Public Review Draft of the NSAP was issued for public review and comment. Comments must be received by mail, email, fax, or...more
The Environmental Protection Agency (EPA) has proposed a draft Multisector General Permit (MSGP) under the National Pollutant Discharge Elimination System (NPDES) program for stormwater discharges related to industrial...more
On June 6, the State of Washington sued EPA in federal court to stop EPA from approving Washington’s own water quality standards. This is the latest installment in a multiyear battle over whether Washington’s water quality...more
There has been a string of actions in the past few weeks addressing the federal government’s policy goal of streamlining the NEPA review process. Although a number of actions have been taken, it presently boils down to this:...more
This week President Trump released the Energy Independence Executive Order that focuses on the Trump Administration’s energy strategy. Although much focus is on lifting the restrictions on American energy and on job...more
On January 6, 2017, the federal Bureau of Land Management (“BLM”) issued a notice of Draft Resource Management Plan Amendment (“DRMP Amendment”) and Draft Environmental Impact Statement (“DEIS”) for oil and gas leasing and...more
The National Oceanic and Atmospheric Administration (“NOAA”) has launched a new policy to leverage the private sector to diversify NOAA’s portfolio of space-based data collection resources. Our firm assists clients...more
On Friday, February 5, 2016, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services) announced long-anticipated revisions to their critical habitat regulations and policy under the Endangered...more
Last week, the U.S. Fish and Wildlife Service (“Service”) announced its 90-day findings on various petitions under the federal Endangered Species Act. The Service found that 23 petitions presented substantial scientific or...more
The U.S. Fish and Wildlife Service (FWS) announced yesterday its proposal to list the West Coast population of the fisher (Pekania pennanti) as a threatened species under the Endangered Species Act (ESA). The scientific...more
On June 20, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (“Services”), the two federal agencies responsible for administering the Endangered Species Act (“ESA”), have announced that they will...more
On May 12, 2014, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the “Services”) jointly issued three interrelated proposals concerning the designation of critical habitat under the Endangered...more
On October 28, 2013, the U.S. Fish and Wildlife Service (“USFWS”) proposed to list the Bi-State distinct population segment (“Bi-State DPS”) of greater sage-grouse (Centrocercus urophasianus) as a threatened species under the...more
On October 28, 2013, the U.S. Fish and Wildlife Service ("Service") proposed to list the Bi-State distinct population segment ("Bi-State DPS") of greater sage-grouse (Centrocercus urophasianus), which occur in the Mono Basin...more
Effective October 30, 2013, a final rule issued jointly by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, the "Services") modifies when and how the Services analyze impacts,...more
The National Marine Fisheries Service ("NMFS") proposes to designate critical habitat within the Puget Sound/Georgia Basin for three species of rockfish, including the endangered Distinct Population Segments ("DPS") of...more