News & Analysis as of

Center for Biological Diversity

Nossaman LLP

Two Desert Thrashers Now CESA Candidate Species: Bendire’s and LeConte’s Thrashers Receive Interim Protection

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On April 16, 2026, the California Fish and Game Commission voted unanimously to designate Bendire’s thrasher (Toxostoma bendirei) and LeConte’s thrasher (Toxostoma lecontei) as candidate species under the California...more

Allen Matkins

Commission Postpones Western Spadefoot Decision to June Meeting

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On September 24, 2025, the Center for Biological Diversity submitted a petition (the Petition) to the California Fish and Game Commission (the Commission) to list the western spadefoot toad (Spea hammondii) as threatened...more

Troutman Pepper Locke

The Pit Bull Still Bites: District Court Cuts Down Recent (And Potentially Future) Endangered Species Act Regulatory Amendments

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A March 30, 2026, decision from the U.S. District Court for the Northern District of California, in Center for Biological Diversity v. U.S. Department of the Interior, vacated key provisions of the Endangered Species Act...more

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

Endangered Species Act/Clean Water Act: Federal Appellate Court Addresses Challenge to U.S. EPA Water Quality Criteria for Cadmium

The Center for Biological Diversity (“CBD”) had filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Arizona against the United States Environmental...more

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

Brook Floater Mussel/Endangered Species Act: U.S. Fish and Wildlife Service and Center for Biological Diversity Enter into...

The United States Fish and Wildlife Service (“Service”) and the Center for Biological Diversity (“CBD”) entered into a February 13th Stipulated Settlement Agreement (“Agreement”) addressing the brook floater mussel. See Case...more

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

Endangered Species Act/Proposed Data Center: Center for Biological Diversity Petitions U.S. Fish and Wildlife Service to List...

The Center for Biological Diversity (“CBD”) submitted to the United States Fish and Wildlife Service (“Service”) pursuant to Section 4(b) of the Endangered Species Act (“ESA”) a Petition to protect the Birmingham darter...more

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

Effluent Guidelines/Meat and Poultry Products Category: Environmental Organizations File Petition Challenging U.S. Environmental...

The Center for Biological Diversity (“CBD”) and a number of other environmental organizations filed a September 15th Petition for Review (“Petition”) in the United States Court of Appeals for the 9th Circuit challenging an...more

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

Southern Pinesnake/Endangered Species Act: Center for Biological Diversity Judicial Action Filed Challenging U.S. Fish and...

The Center for Biological Diversity (“CBD”) filed in the United States District Court for the District of Columbia a Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Fish and Wildlife...more

Perkins Coie

Failure to Explain Selection of Project Alternative Violated NEPA and APA

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The Ninth Circuit held that the Bureau of Land Management (BLM) acted arbitrarily and capriciously by failing to explain in its Record of Decision why it selected a project alternative that did not meet the development...more

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

Title V/Clean Air Act: Center for Biological Diversity Petition to Object Filed Addressing La Paz County, Arizona Gold Mine

The Center for Biological Diversity (“CBD”) filed a June 6th Petition to Object addressing the Bonanza Explorations’, Inc. Clean Air Act Title V Permit renewal.’ The Petition objects to the renewal of a Title V Operating...more

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

Title V/Clean Air Act: Center for Biological Diversity Petition to Object Filed Addressing Garfield County, Colorado Compressor...

The Center for Biological Diversity (“CBD”) filed a May 8th Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) relating to Bargath, LLC for the Hyrup...more

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

Title V/Clean Air Act: Center for Biological Diversity Petition to Object Filed Addressing Weld County, Colorado Compressor...

The Center for Biological Diversity (“CBD”) filed an April 3rd Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to DC Operating Company, LP for the...more

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

Use of Phosphogypsum/Small Scale Road Pilot Project: Center for Biological Diversity Files Federal Appellate Court Challenge to...

The Center for Biological Diversity (“CBD”) filed a Petition for Review (“Petition”) in the United States Court of Appeals for the Eleventh Circuit challenging the United States Environmental Protection Agency (“EPA”)...more

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

Expedited Wetland Permitting/U.S. Army Corp of Engineers: 690 Permits Reclassified as Energy Emergencies (Including 3 Arkansas...

Pursuant to Executive Order 14156, the United States Army Corp of Engineers (“Corps”) has reclassified 690 Clean Water Act Section 404 Wetland Permits as Emergency Actions. Executive Order 14156 is entitled “Declaring a...more

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

Listing Timeline/Endangered Species Act: Center for Biological Diversity and U.S. Fish and Wildlife Service Enter into Stipulated...

The United States Fish and Wildlife Service (“Service”) and Center for Biological Diversity (“CBD”) entered into a January 16th Stipulated Settlement Agreement (“Agreement”) imposing deadlines for required listing decisions...more

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

Arkansas Mudalia Snail/Endangered Species Act: Center for Biological Diversity and U.S. Fish and Wildlife Service Enter into...

The Center for Biological Diversity (“CBD”) and the United States Fish and Wildlife Service (“Service”) entered into a November 14th Stipulated Settlement Agreement and Proposed Order (“Settlement”) addressing the Arkansas...more

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

Title V/Clean Air Act: Center for Biological Diversity Petition to Object Filed Addressing San Juan County, New Mexico Oil/Gas...

The Center for Biological Diversity (“CBD”) filed an October 21st Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to Harvest Four Corners LLC (“Harvest”). See...more

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

Nitrogen Oxides/Clean Air Act: Center for Biological Diversity and U.S. Environmental Protection Agency Enter into Consent Decree...

The United States Environmental Protection Agency (“EPA”) and the Center for Biological Diversity (“CBD”) entered into an October 28th Consent Decree addressing an issue arising out of Section 108 and 109 of the Clean Air Act...more

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

Railroad Valley Toad/Endangered Species Act: Center for Biological Diversity Notice of Intent to Sue U.S. Fish and Wildlife...

The Center for Biological Diversity (“CBD”) sent an October 15th 60-day notice of intent to sue to the United States Fish and Wildlife Service (“Service”) for alleged violations of the Endangered Species Act (“ESA”). CBD...more

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

Striped Newt/Citizen Suit Enforcement: Center for Biological Diversity Issued Notice of Intent to Sue U.S. Fish and Wildlife...

The Center for Biological Diversity (“CBD”) transmitted a 60-day Notice of Intent To Sue (“NOI”) the U.S. Fish and Wildlife Service (“Service”) for alleged violations of the Endangered Species Act (“ESA”).The alleged...more

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

Migratory Birds/Commercial Buildings: Center for Biological Diversity Petitions U.S. Fish and Wildlife Service to Set Up...

The Center for Biological Diversity (“CBD”) and 27 other bird and wildlife conservation organizations from 23 states submitted a Petition to the United States Fish and Wildlife Service (“Service”) styled: Petition for...more

Nossaman LLP

Group Seeks Permitting Requirement for Bird Deaths at Commercial Buildings

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On September 4, 2024, the Center for Biological Diversity, along with more than 20 other groups, (collectively, CBD) delivered a petition (Petition) to the U.S. Fish and Wildlife Service (Service) in which CBD requested the...more

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

Title V/Clean Air Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental Protection Agency Addressing...

The Center for Biological Diversity (“CBD”) sent an August 7th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue Under the Clean Air Act for Failure to Issue or Deny a...more

Pillsbury Winthrop Shaw Pittman LLP

The Dunes Sagebrush Lizard Saga Continues: FWS Lists the Species as Endangered, Draws Congressional Response

On May 20, 2024, the U.S. Fish and Wildlife Service published a final rule listing the dunes sagebrush lizard as endangered under the Endangered Species Act. The listing does not include a designation of critical habitat....more

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

Barrens Topminnow/Tennessee Fish: U.S. Fish and Wildlife Service Proposes Critical Habitat

The United States Fish and Wildlife Service (“Service”) has issued a proposed rule that would designate critical habitat for the Barrens topminnow (“Bt”) under the Endangered Species Act (“ESA”)....more

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