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Biden Administration US Fish and Wildlife Service

Allen Matkins

California Environmental Law & Policy Update 5.31.24

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The U.S. Supreme Court on Tuesday agreed to consider whether federal and state agencies must clearly define limits on wastewater pollution when issuing discharge permits. The high court took up the City of San Francisco’s...more

Allen Matkins

California Environmental Law & Policy Update 5.10.24

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The U.S. Environmental Protection Agency (EPA) on Monday finalized tougher methane reporting standards that could increase the number of oil and gas companies that must pay fees for excess methane emissions....more

Nossaman LLP

Unified Agenda Forecasts Proposed and Final Listings and Critical Habitat Designations for Species Found in Eastern States

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As previously reported, on December 6, the Biden Administration published the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), outlining the various regulatory and deregulatory actions the...more

Verrill

Halloween Special: Biden Vetoes Congressional Threat to Endangered Listing of Local Bat

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On September 26, in time for the most bat-friendly month of the year (Halloween, here we come!), President Biden vetoed a bill that would have lessened protections for the northern long-eared bat (NLEB). The bat’s population...more

Nossaman LLP

President Biden Vetoes Attempt to Undo ESA Protections for Lesser Prairie-Chicken and Northern Long-Eared Bat

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On Tuesday, September 26, President Biden vetoed two Republican-sponsored joint resolutions, S.J. Res. 9 and S.J. Res. 24, seeking to undo Endangered Species Act (ESA) protections for the lesser prairie-chicken (LEPC)...more

Beveridge & Diamond PC

Biden Administration Proposes Undoing Recent ESA Regulatory Reforms and Expanding Section 7 Consultations

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On June 22, 2023, U.S. Fish and Wildlife Services (FWS) and the National Marine Fisheries Service (NMFS) (together “the Services”) issued three proposals largely aimed at undoing the Trump administration’s recent regulatory...more

Stoel Rives LLP

U.S. Fish and Wildlife Service and National Marine Fisheries Service Issue Proposed Endangered Species Act Regulations Regarding...

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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

Troutman Pepper

Trump ESA Rules Vacated

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The Endangered Species Act (ESA) regulations promulgated by the Trump administration (Trump ESA Rules) were challenged by environmental groups. While that challenge was pending, the Biden administration announced that those...more

Nossaman LLP

Court Vacates Trump-Era ESA Regulations

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Rule to Rescind Definition for the Term "Habitat"

On Friday, June 24, 2022, the U.S. Fish & Wildlife Service (the Service) finalized a rule rescinding the regulatory definition of “habitat,” as the term was used in the Endangered Species Act (the Act) and the various...more

Nossaman LLP

Habitat Definition No Longer Applies in Critical Habitat Designations

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On June 24, 2022, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, Services) published a final rule rescinding the Trump administration’s 2020 final rule defining “habitat” for the...more

Troutman Pepper

Biden Administration Rescinds Two Trump-Era Endangered Species Act Rules

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On October 26, the Fish and Wildlife Service (FWS) and National Marine Fisheries Service (the Services) proposed to rescind two Trump-era final rules: the Habitat Definition Rule and the Designating Critical Habitat Rule....more

Nossaman LLP

Department of the Interior Releases Hefty Agenda

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On December 10, 2021, the Biden Administration released the Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which is a semi-annual compilation of information concerning regulations and policy...more

Allen Matkins

California Environmental Law & Policy Update - December 2021 #2

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Industry groups and seven states lose bid to reinstate rule limiting scope of Clean Water Act - Courthouse News Service – December 7 - Seven states and a collection of industry groups fighting to revive a Trump-era...more

Nossaman LLP

Assessment of Service’s Move to Rescind Definition of Habitat

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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

Stoel Rives LLP

ESA Rules Changing under Biden-Harris Administration

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As promised this summer, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“Services”) are working their way through their list of actions to revise, rescind or reinstate five Endangered...more

Beveridge & Diamond PC

Biden Administration to Revoke Trump-Era ESA Regulations Focused on Habitat

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On October 27, 2021, the Biden administration proposed two new rules to roll back its predecessor’s regulatory clarifications involving habitat under the Endangered Species Act (ESA). Under the first proposal, the United...more

Allen Matkins

California Environmental Law & Policy Update - October 2021 #5

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Federal court rejects continued application of Trump-era water quality review rule pending adoption of alternative regulation - Courthouse News Service – October 22 - Judge William Alsup of the U.S. District Court for...more

Nossaman LLP

Biden Administration Turns Its Focus on Birds

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In the last few weeks, the U.S. Fish and Wildlife Service (Service) has published several major regulatory actions affecting federal avian protections.  The Service has repealed a Trump-era rule that excluded incidental take...more

Allen Matkins

California Environmental Law & Policy Update - July 2021 #4

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Bay Area air quality regulators adopt stringent refinery particulate emissions standard - Reuters – July 21 - The governing board of the Bay Area Air Quality Management District (District) on Wednesday adopted...more

Stoel Rives - Renewable + Law

Biden Administration Proposes Rollback of Trump Administration Migratory Bird Rule

In May, the U.S. Fish and Wildlife Service (“Service”) announced a proposed rule revoking the Trump administration’s final rule on incidental take under the Migratory Bird Treaty Act (“MBTA”). In the January 7, 2021 final...more

Nossaman LLP

Biden Administration Asks Supreme Court to Reject Challenge to ESA Rule

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On May 14, 2021, the Department of Justice filed a brief with the Supreme Court arguing that the Court should not hear the case of Kansas Natural Resource Coalition v. Department of Interior (“KNRC”). KNRC is a challenge to a...more

Nossaman LLP

Trump Administration Bird Rule on the Chopping Block

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On May 7, 2021, the U.S. Fish and Wildlife Service (USFWS), as many anticipated, published a proposed rule to revoke a Trump Administration rule impacting the scope of the Migratory Bird Treaty Act (MBTA).  The Trump...more

Holland & Hart LLP

Wildlife Roundup

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The regulation of protected wildlife is likely to undergo a seismic shift as a result of the change in administrations. Whereas the Trump Administration took several actions to narrow the reach of wildlife protection...more

Vinson & Elkins LLP

Biden Administration Looks To Recriminalize Accidental Bird Deaths In Traditional And Renewable Energy Sectors

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The Biden administration has signaled its intention to recriminalize non-purposeful, or incidental, “takes” of birds under the Migratory Bird Treaty Act (“MBTA”). The longstanding debate over the scope of criminal liability...more

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