News & Analysis as of

Critical Habitat State and Local Government

Holland & Knight LLP

D.C. Court Vacates Florida's Assumption of the Federal Clean Water Act Permit Program

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The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more

Nossaman LLP

Fish and Game Commission to Consider Protections for Southern California Steelhead

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In July 2021, CalTrout submitted a petition to the California Fish and Game Commission (Commission) to list a population of the fish Oncorhynchus mykiss, referred to as the Southern California Steelhead or Southern Steelhead,...more

Nossaman LLP

California Fish and Game Commission defers Decision on Joshua tree

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The California Fish and Game Commission deferred the decision on whether to make the western Joshua tree a candidate for listing to a special meeting in September 2020. In a hearing on August 20, 2020, the Commission heard a...more

Nossaman LLP

Klamath Dam Removal Now in Question

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Over the past decade, proponents of an effort to remove four dams on the lower Klamath River have hit a series of roadblocks.  The most recent came on July 16, 2020, when the Federal Energy Regulatory Commission (FERC) voted...more

Beveridge & Diamond PC

New York Approves $3 Billion 2020 Conservation Bond Act

The New York State Legislature passed Governor Cuomo’s Restore Mother Nature Bond Act on April 1st as part of the state’s 2020-2021 budget. The Act, if approved by New York voters in November, will provide $3 billion for...more

Nossaman LLP

Paul Weiland Discusses Western Dam Removal at California Water Law Symposium

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Paul Weiland recently participated in the 2020 California Water Law Symposium, held at San Francisco's Golden Gate University School of Law. The theme of this year's Symposium was "Federalism & Water: Shifts in State/Federal...more

Nossaman LLP

Environmental Groups Seek Protection for Mountain Lions in Southern California

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The Center for Biological Diversity and Mountain Lion Foundation submitted a petition to the California Fish and Game Commission (the “Commission”) to list mountain lions (Puma concolor) in southern and central California as...more

Nossaman LLP

Fish and Game Commission Adds Four Bumble Bees to Candidate List

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On June 12, 2019, the California Fish and Game Commission (Commission) voted 3-1 that listing four subspecies of bumble bee may be warranted under the California Endangered Species Act (CESA).?  ...more

Farrell Fritz, P.C.

Developments Of Regional Significance Are Subject To Additional Scrutiny By Pine Barrens Commision

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The Long Island Pine Barrens Maritime Reserve Act, Environmental Conservation Law, Article 57 (the “Act”), was adopted in 1993 for the purpose of protecting approximately 102,500 acres of the Long Island Pine Barrens located...more

Downs Rachlin Martin PLLC

Act 250 Commission Recommendations for Change - “There is nothing permanent but change.” - Heraclitus

On January 11, 2019, the Commission on Act 250 issued its final report making its recommendations, along with draft legislation proposing those changes. In 2017, the Vermont General Assembly created the Commission on Act...more

Nossaman LLP

Petition Filed to List Bumble Bee as Endangered Under the California ESA

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On October 16, 2018, the Xerces Society for Invertebrate Conservation, Defenders of Wildlife, and the Center for Food Safety submitted a petition to the California Fish and Game Commission (Commission) to list the Crotch...more

Nossaman LLP

California Lists Humboldt Marten and Rare Flower as Endangered

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On August 23, 2018, the California Fish and Game Commission (“Commission”) listed the Humboldt marten (Marten caurina humboldtensis) as an endangered species under the California Endangered Species Act (“CESA”). The...more

Carlton Fields

An Absolute Pollution Exclusion: Reading The ‘Fine’ Print

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A federal judge recently relied on a pollution exclusion to find that Great American Insurance Company was not obligated to cover losses associated with the unintended distribution of rock fines into New Jersey’s Spruce Run...more

Nossaman LLP

Proponents Of Dam Removal Project Seek To Skirt Protections For Endangered Species

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The Klamath River Renewal Corporation (the “corporation”) recently submitted a plan for the removal of four dams on the lower Klamath River to the Federal Energy Regulation Commission (FERC). ...more

Nossaman LLP

California Poised to Waive Protections for Endangered Fish as Tribes Seek to Shutdown Klamath Irrigation Project in an Effort to...

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In late May 2018, the Klamath Tribes filed a lawsuit in the United States District Court for the Northern District of California seeking to shut down the Bureau of Reclamation’s Klamath Irrigation Project, which supplies...more

Nossaman LLP

California Lists Tricolored Blackbird

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On April 19, 2018, the California Fish and Game Commission voted 4-0 to list the tricolored blackbird (Agelaius tricolor) as a threatened species. A statewide survey conducted in 2017 estimated the California population of...more

Nossaman LLP

Arizona becomes the First State to Eliminate Chevron Deference

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On April 11, 2018, Arizona Governor Doug Ducey signed into law H.B. 2238, which amended the state’s administrative procedure laws to provide that courts are not required to defer to an agency’s legal interpretation in...more

Nossaman LLP

Cascades Frog Takes Another Leap Toward Listing under CESA

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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

Perkins Coie

Treaty Obligations to Protect Fish Habitat From Degradation Upheld

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In July 2016, the U.S. Court of Appeals for the Ninth Circuit held that the state of Washington violated tribal treaty obligations by building and maintaining barrier culverts that block 1,000 linear miles of streams suitable...more

K&L Gates LLP

Implications of the Ninth Circuit’s Recent “Culvert Case” for Government and Private Entities Responsible for Conditions that...

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The Ninth Circuit Court of Appeals (“Ninth Circuit”) recently affirmed an injunction issued by the District Court for Western District of Washington ordering the State of Washington to repair or replace thousands of State...more

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