On June 27, 2024, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the Suwannee alligator snapping turtle (Macrochelids suwanniensis) as a threatened species with a 4(d) rule under the Endangered...more
This is the fourth in a series of six eAlerts examining the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The...more
5/30/2024
/ CEQ ,
Climate Change ,
Environmental Assessments ,
Environmental Justice ,
Environmental Policies ,
Environmental Review ,
Final Rules ,
Infrastructure ,
NEPA ,
Regulatory Agenda ,
Regulatory Reform ,
Tribal Governments ,
Tribal Lands
On June 22, 2023, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, the Services), issued three sets of proposed revisions to their Endangered Species Act (ESA) regulations...more
6/29/2023
/ Comment Period ,
Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
Regulatory Agenda ,
Regulatory Reform ,
US Fish and Wildlife Service
The U.S. Supreme Court dismissed a petition for writ of certiorari to review a decision of the U.S. Court of Appeals for the Ninth Circuit addressing the scope of the attorney-client privilege....more
Last week, the U.S. Fish and Wildlife Service (Service) proposed to list two snake species, the Key ring-necked snake (Diadophis punctatus acricus) and the rim rock crowned snake (Tantilla oolitica), as endangered under the...more
On July 5, 2022, the U.S. District Court for the Northern District of California issued an order vacating three Trump-era regulations implementing the Endangered Species Act (“ESA”)....more
7/6/2022
/ Biden Administration ,
Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
New Regulations ,
Regulatory Oversight ,
Regulatory Reform ,
Trump Administration ,
US Fish and Wildlife Service ,
Vacated
This week, the New York Court of Appeals rejected a bid for writ of habeas corpus from an unusual petitioner: Happy, a 51-year-old, female Asian elephant, currently living in captivity at the Bronx Zoo....more
Today, the U.S. Fish and Wildlife Service (Service) published a final rule revising the critical habitat designation for the northern spotted owl (Strix occidentalis caurina) under the Endangered Species Act (ESA). The final...more
On October 25, the U.S. Fish and Wildlife Service (Service) published a proposed rule to designate critical habitat for the coastal distinct population segment (DPS) of Pacific marten (Martes caurina), also known as coastal...more
10/28/2021
/ Comment Period ,
Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Rulemaking Process ,
US Fish and Wildlife Service
Last week, the U.S. Fish and Wildlife Service (Service) published two proposed rules to delist a total of 24 species under the Endangered Species Act (ESA). First, the Service published a proposed rule delist 23 species as a...more
10/5/2021
/ Conservation ,
Critical Habitat ,
Delisting ,
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 Monday, the U.S. Fish and Wildlife Service (FWS) published a final rule delisting the now-recovered Cumberland sandwort (Arenaria cumberlandensis) under the Endangered Species Act (ESA). Originally listed as endangered in...more
8/19/2021
/ Climate Change ,
Conservation ,
Critical Habitat ,
Delisting ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Final Rules ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Rulemaking Process ,
US Fish and Wildlife Service
This week, the U.S. Fish and Wildlife Service (FWS) published a 12-month finding on a petition to revise the critical habitat designation for the endangered Mount Graham red squirrel (Tamiasciurus hudsonicus grahamensis)...more
On July 13, the U.S. Fish and Wildlife Service (Service) published a proposed rule to designate critical habitat for the pearl darter (Percina aurora) under the federal Endangered Species Act (ESA). Listed as a threatened...more
On July 7, 2021, the U.S. Fish and Wildlife Service (FWS) published a proposed rule in the Federal Register announcing the agency’s finding that the razorback sucker (Xyrauchen texanus) no longer warrants listing as an...more
This week, the United States Fish and Wildlife Service ("Service") published a final rule designating critical habitat for the northern Mexican gartersnake (Thamnophis eques megalops) under the Endangered Species Act (“ESA”)....more
On January 13, 2021, the U.S. Fish and Wildlife Service (Service) published a final rule to remove the inland population of the Interior least tern (Sterna (now Sternula) antillarum) from the list of endangered and threatened...more
The Sacramento Superior Court upheld a challenge to a decision by the California Fish and Game Commission to designate four subspecies of bumble bees as candidates for protection under the California Endangered Species Act...more
The United States Fish and Wildlife Service ("Service") recently released a pre-publication version of its final rule to reclassify the American burying beetle (Nicrophorus americanus) from endangered to threatened under the...more
9/15/2020
/ Conservation ,
Critical Habitat ,
Deregulation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Regulatory Reform ,
Trump Administration ,
US Fish and Wildlife Service
The United States Fish and Wildlife Service ("Service") has recently received an application for an incidental take permit under Endangered Species Act section 10(a)(l)(A) to authorize take of the West Coast distinct...more
On May 15, 2020, the U.S. Fish and Wildlife Service ("Service") published a final rule in the Federal Register announcing the agency’s determination to list the Southern Sierra Nevada (SSN) Distinct Population Segment (DPS)...more
On January 6, 2020, the U.S. Fish and Wildlife Service (FWS) published a proposed rule in the Federal Register announcing the agency’s finding that the Kanab ambersnail (Oxyloma haydeni kanabensis) is no longer warranted for...more
1/15/2020
/ Comment Period ,
Conservation ,
Critical Habitat ,
Deregulation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Rulemaking Process ,
US Fish and Wildlife Service