News & Analysis as of

Critical Habitat

Cascades Frog Takes Another Leap Toward Listing under CESA

by Nossaman LLP on

On October 17, 2017, the California Fish and Game Commission (“Commission”) published notice of its preliminary positive finding on a petition to list the Cascades frog (Rana cascadae) as threatened or endangered under the...more

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

by Nossaman LLP on

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

Department of the Interior Announces Actions to Expedite Energy Development with Potential Consequences for Listed Species

by Nossaman LLP on

On October 25, 2017, the U.S. Department of the Interior (DOI) released a report entitled “Review of the Department of the Interior Actions that Potentially Burden Domestic Energy” identifying agency actions that potentially...more

Trump Administration Reconsiders Greater Sage Grouse Plans

by Nossaman LLP on

It has been a busy October for the greater sage grouse (Centrocercus urophasianus). On October 11, 2017, the Bureau of Land Management (BLM) announced its intention to amend the existing greater sage grouse habitat management...more

Fish and Wildlife Service Makes 12-Month Findings, Denies ESA Protections for 25 Species

by Nossaman LLP on

On Thursday, October 5, 2017, the U.S. Fish & Wildlife Service (“Service”) announced 12-month “not warranted” findings on petitions to list 25 species as endangered or threatened under the Endangered Species Act (“ESA”). It...more

Endangered Species Act Reform - Wolves, Dollars, Data

by Nossaman LLP on

In July we reported on five bills that propose to amend various aspects of the Endangered Species Act: - H.R. 2603 – would remove listings of non-native species; - H.R. 717 – would modify the process for listing...more

Fish and Wildlife Service Proposes Denial of ESA Protections for Two Species

by Nossaman LLP on

On Friday, September 29, 2017, the U.S. Fish & Wildlife Service (“Service”) announced its withdrawal of the proposed rule listing the Kenk’s amphipod (Stygobromus kenki), an aquatic crustacean, as an endangered species under...more

U.S. Fish and Wildlife Service Lists Three New Species; National Marine Fisheries Services Lists Subspecies of Hector’s Dolphin

by Nossaman LLP on

On September 20, 2017, the U.S. Fish and Wildlife Service (“USFWS”) listed three separate species under the Endangered Species Act (“ESA”). USFWS listed the Sonoyta mud turtle (Kinosternon sonoriense) as endangered, and the...more

Endangered Species Act: Trump Administration's First Addition to Endangered Species List

The Center for Biological Integrity recently noted that the Trump Administration added its first species to the federal Endangered Species Act (“ESA”) endangered list. The United States Fish and Wildlife Service...more

Ninth Circuit Defers to U.S. Fish and Wildlife Service's Distinct Population Segment Determination

by Nossaman LLP on

On August 28, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court decision upholding a U.S. Fish and Wildlife Service (“Service”) determination that the Sonoran Desert Area bald eagle does not...more

NMFS Issues Final Rule Designating Critical Habitat for the Atlantic Sturgeon

by Nossaman LLP on

On August 17, 2017, the National Marine Fisheries Service (NMFS) issued a final rule designating critical habitat for the endangered New York Bight, Chesapeake Bay, Carolina, and South Atlantic Distinct Population Segments...more

Developers and businesses take note: as the feds roll back wetland regulation, California is stepping in

by DLA Piper on

Land developers, commercial property owners and industrial entities should closely watch the major shifts in the ways significant wetland habitats are regulated, as the Trump Administration strips away relevant federal...more

NMFS issues final Atlantic sturgeon rule

by PretiFlaherty on

U.S. fisheries regulators have issued a final rule designating nearly 4,000 river miles in Atlantic watersheds as critical habitat for endangered and threatened Atlantic sturgeon. The rule increases regulatory complexity and...more

Federal Appeals Court Keeps Great Lakes Grey Wolves Listed As Threatened

by Nossaman LLP on

On August 1, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision in Humane Society of the U.S. v. Zinke, Case No. 15-5041 (Aug. 1, 2017), affirming a district court decision that keeps the...more

Dusky Gopher Frog’s Louisiana Critical Habitat Spawns U.S. Supreme Court Writ

by Liskow & Lewis on

A group of Louisiana landowners, Weyerhaeuser Company, and the Pacific Legal Foundation filed Petitions for Writs of Certiorari this month asking the U.S. Supreme Court to overturn the U.S. Fish and Wildlife Service’s (USFWS)...more

CEQA News You Can Use - Vol. 2, Issue 2

Welcome to CEQA News You Can Use, a quarterly publication of Brownstein Hyatt Farber Schreck Natural Resources lawyers. This publication is intended to provide quick, useful bites of CEQA news that we hope can be a resource...more

USFWS Tentatively Supports ESA Reform Bills

by Nossaman LLP on

On July 19, 2017, the House Committee on Natural Resources held a full committee legislative hearing on five bills that would amend portions of the Endangered Species Act (ESA)....more

ESA Reform Update

by Nossaman LLP on

Battle lines are being drawn in connection with ongoing efforts by lawmakers to reform the Endangered Species Act (“ESA”). In a letter addressed to the leaders of both houses of Congress, the Senate Environmental and Public...more

From IDOT to School Gardens: Providing Sanctuary for Monarch Butterflies

by Franczek Radelet P.C. on

The Illinois Department of Transportation (IDOT) recently joined a national campaign to protect endangered monarch butterflies. As of May 2017, IDOT is mowing only 15 feet from the edge of roadways, reducing the total amount...more

Hualapai Mexican Vole Removed from List of Endangered Species Due to Erroneous Listing

by Nossaman LLP on

On June 23, 2017, the U.S. Fish and Wildlife Service (Service) promulgated a long-awaited final rule to delist the Hualapai Mexican vole (Microtus mexicanus hualpaiensis) (HMV) due to the Service’s determination that the...more

U.S. Fish and Wildlife Service to Delist Yellowstone Grizzly Bear

by Nossaman LLP on

On June 22, 2017, U.S. Secretary of the Interior Ryan Zinke announced that the U.S. Fish and Wildlife Service (Service) will delist the Yellowstone population of the grizzly bear (Ursus arctos horribilis). According to the...more

U.S. Fish & Wildlife Service Reopens Comment Period for Five Proposed Rules

by Nossaman LLP on

Earlier this week, the U.S. Fish & Wildlife Service (Service) issued a notice in the Federal Register that it was reopening the comment period on five proposed rules for four plant species. Specifically, the proposed rules...more

Impact of Ninth Circuit Upholding Biological Opinion for Silver State South Solar Project in Nevada

by Perkins Coie on

In Defenders of Wildlife v. Zinke, the U.S. Court of Appeals for the Ninth Circuit upheld the Biological Opinion prepared by the U.S. Fish & Wildlife Service to assess the impacts on the threatened desert tortoise from the...more

With Mining Law Segregation on 10 Million Acres to Expire in Three Months, Interior Forms Sage-Grouse Review Team

by Stoel Rives LLP on

Late Wednesday Secretary of the Interior Zinke signed Secretarial Order 3353 establishing a Sage-Grouse Review Team to review the Obama Administration’s 2015 amendments to federal land use management plans. To avoid listing...more

National Marine Fisheries Service Proposes Revised Guidance for Recovery Plans

by Nossaman LLP on

On May 31, 2017, the National Marine Fisheries Service (NMFS) issued proposed revised guidance for the development of recovery plans as required by the Endangered Species Act (ESA). The proposal is aimed at prioritizing...more

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