News & Analysis as of

Critical Habitat Land Owners

Stoel Rives - Renewable + Law

U.S. Fish and Wildlife Service Issues Final Rule Affecting Take Permits Under the Endangered Species Act

On April 12, 2024, the U.S. Fish and Wildlife Service (Service) published notice in the Federal Register of a final rule (89 Fed. Reg. 26070) that amends regulations regarding the issuance of enhancement of survival and...more

Hogan Lovells

Do you need to comply with the Biodiversity Net Gain requirement?

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Our Real Estate Horizons flowchart explains what the new BNG requirement is, when it’s relevant and the options available for satisfying it, and provide details on how the biodiversity value of a site is calculated using the...more

Husch Blackwell LLP

Dusky Frog Update

Husch Blackwell LLP on

On June 29, 2018, we blogged about the dusky gopher frog, an obscure endangered species that lives only in a small area of Mississippi. The U.S. Fish & Wildlife Service nonetheless designated several hundred acres in...more

Hogan Lovells

Supreme Court grants a shy frog the chance to shape critical habitat designations

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The Supreme Court (the Court) will soon address two recurring issues concerning administration of the Endangered Species Act, and more broadly the deference given to agency action in the discretionary exercise of statutory...more

Pillsbury - Gravel2Gavel Construction & Real...

Fifth Circuit Rejects Petition For Banc Rehearing In ESA Case Markel Interests, LLC v. U.S. Fish and Wildlife Service

On February 13, a sharply divided U.S. Court of Appeals for the Fifth Circuit , by a vote of 8 to 6, rejected a petition seeking an en banc rehearing of the court’s initial decision in the case of Markel Interests, LLC, et...more

BakerHostetler

Texas Supreme Court to Decide Whether Groundwater Estate Should Be Granted Accommodation Status Similar to Mineral Estate

BakerHostetler on

On October 14, 2015, the Texas Supreme Court heard argument in a case styled Coyote Lake Ranch, LLC v. The City of Lubbock, which dealt with the question of whether the accommodation doctrine should apply when a groundwater...more

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