News & Analysis as of

Critical Habitat Mitigation

Holland & Hart LLP

Key Takeaways from Final Revisions to Endangered Species Act Regulations

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On April 5, 2024, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) finalized three sets of revisions to the regulations implementing the Endangered...more

Nossaman LLP

U.S. Fish and Wildlife Service Issues Revised Mitigation Policies

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On May 15, 2023, the U.S. Fish and Wildlife Service (Service) issued two mitigation policies: one titled, “Mitigation Policy,” and another titled “Endangered Species Act Compensatory Mitigation Policy.” The Mitigation Policy...more

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

Mitigation Policy/Endangered Species Act: U.S. Fish and Wildlife Service Announces Final Revisions

The United States Fish and Wildlife Service (“Service”) issued a prepublication notice of a policy titled: Mitigation Policy and Endangered Species Act Compensatory Mitigation Policy (“Revised Policy”)...more

BCLP

People Over Wind: Still blowing through planning guidance and the High Court

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It has been over 15 months since the CJEU’s ruling in People Over Wind (“POW”) that measures to avoid or reduce harmful effects on a European site should be left out of account at the screening stage of Habitat Regulations...more

Perkins Coie

Trump Administration Withdraws Obama-Era Environmental Mitigation Policies

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Late last week, the U.S. Fish and Wildlife Service withdrew two environmental policies adopted in late 2016 by the Obama administration that address mitigation for impacts to natural resources. These two policies established...more

Nossaman LLP

Environmental Law Conference to Provide Updates On Current and Developing Issues Practitioners Will Need to Know in 2018

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On February 9, 2018, Nossaman veteran Environmental Law attorney Steven Quarles will be serving as a member of the faculty for the American Law Institute (ALI) CLE program, Environmental Law 2018. The full conference, held...more

Nossaman LLP

U.S. Fish and Wildlife Service Seeking Comments on Mitigation Policies

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The U.S. Fish and Wildlife Service (Service) has requested public comment on its revised Mitigation Policy and the Endangered Species Act Compensatory Mitigation Policy (ESA-CMP)....more

Williams Mullen

Feds Spawn New Rules and Policies for Protected Species Habitat and Mitigation

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Federal agencies charged under the Endangered Species Act (“ESA”) with species protection have recently hatched revisions to regulations and policies that change substantially the determination and protection of habitat for...more

Nossaman LLP

Eminent Domain Case Analyzes Mitigation Credits as a Highest and Best Use

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Eminent domain practitioners are well versed in analyzing a property’s highest and best use. Under these principles, a property being condemned is not necessarily valued based on its current, existing use....more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Revisions to Mitigation Policy

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On March 8, 2016, the U.S. Fish and Wildlife Service (Service) announced proposed revisions to its Mitigation Policy that has guided Service recommendations on mitigating the adverse impacts of development on fish, wildlife,...more

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