Recent Updates to Federal Environmental and Natural Resource Regulations
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On September 17, 2024, the U.S. Fish and Wildlife Service (Service) proposed listing the Kentucky creekshell (Villosa ortmanni) as an endangered species under the Endangered Species Act (ESA) and designating critical habitat...more
On September 5, 2024, the U.S. District Court for the Western District of Texas held in General Land Office v. U.S. Department of the Interior, that the U.S. Fish and Wildlife Service (Service) improperly denied a petition to...more
A federal court has thrown out key Endangered Species Act (ESA) analyses of oil and gas operations in the Gulf of Mexico, which will be vacated as of Dec. 20, 2024. The United States District Court for the District of...more
Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape...more
The United States Environmental Protection Agency (“EPA”) released on July 25th a document titled: Draft Insecticide Strategy to Reduce Exposure of Federally Listed Endangered and Threatened Species and Designated...more
On June 27, 2024, the California First District Court of Appeal affirmed the denial of a writ petition challenging the City of Lafayette’s (City) determination that a 12-unit residential condominium building qualified for the...more
On July 24, 2024, the Environmental Protection Agency (EPA) published its Draft Insecticide Strategy to Reduce Exposure of Federally Listed Endangered and Threatened Species and Designated Critical Habitats from the Use of...more
when it assesses the potential for exposure to pesticide drift when it reviews new active ingredient pesticide registrations or makes decisions on new use directions for existing pesticide registrations. EPA states it will...more
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
The Natural Resources Commission of the Arkansas Department of Agriculture (“NRC”) issued a news release identifying nine projects that will receive a total of $558,756.00 in funding through the Arkansas Unpaved Roads Program...more
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
On June 27, 2024, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the Suwannee alligator snapping turtle (Macrochelids suwanniensis) as a threatened species with a 4(d) rule under the Endangered...more
In an order filed Tuesday, U.S. District Judge Terrence Boyle denied a private property owner’s effort to enjoin the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers from enforcing their September 2023...more
As detailed in our previous Legal Alert, six conservation groups filed a petition with the California Fish and Game Commission (Commission) on March 5, 2024 to request the implementation of legal protections for five...more
On May 20, 2024, the U.S. Fish and Wildlife Service (FWS) issued a final rule listing the dunes sagebrush lizard (“DSL”) as endangered under the Endangered Species Act (“ESA”).1 The change in the DSL listing status, which...more
Earthjustice sent a June 11th 60-day Endangered Species Act (“ESA”) citizen suit Notice of Intent to Sue (“NOI”) to the Tonto National Forest (“Forest”). The NOI alleges that Forest violated Section 7 of the ESA in its...more
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
Companies in a wide range of industries are subject to the oversight of the United States Environmental Protection Agency (EPA). The EPA enforces numerous environmental laws, environmental regulations, and executive orders to...more
On May 23, 2024, the Ninth Circuit Court of Appeals issued a published opinion in Natural Resources Defense Council et al. v. Debra Haaland et al. (Case No. 21-15163) (“NRDC v. Haaland”) rejecting the plaintiffs’ challenges...more
On March 5, 2024, six conservation groups filed a petition with the California Fish and Game Commission (the Commission) to request the implementation of legal protections for five populations of the western burrowing owl...more
Various state housing bills are currently making their way through the State Legislature that are expected to benefit mixed-income multifamily housing developers. The following summaries reflect the status of the legislation...more
In companion rulings favoring offshore wind developers and federal agencies, the First Circuit Court of Appeals recently affirmed rulings issued by the District Court (D. Mass.) and dismissed challenges brought by two...more
On May 20, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule listing the dunes sagebrush lizard (DSL) as endangered under the federal Endangered Species Act (ESA). The DSL is a small, spiny lizard...more
On May 20, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule listing the dunes sagebrush lizard (Scleroperus arenicolus) (DSL) as endangered (Final Rule) under the Endangered Species Act (ESA). In the...more