News & Analysis as of

Endangered Species Act (ESA)

California Lists Tricolored Blackbird

by Nossaman LLP on

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

Preble’s Meadow Jumping Mouse Stays Put on List of Threatened Species

by Nossaman LLP on

On April 17, 2018, the U.S. Fish and Wildlife Service (Service) reached a negative “90-day finding” on a petition to remove the Preble’s meadow jumping mouse (Zapus hudsonius preblei) from the List of Threatened and...more

Marbled Murrelet Listed as Endangered Under Oregon’s Endangered Species Act: What Does It Mean for Timber Landowners and...

At its February 9, 2018 meeting, the Oregon Fish and Wildlife Commission (the “Commission”) voted to “uplist” the marbled murrelet’s status from a threatened to an endangered species by a 4-2 margin. The marbled murrelet is a...more

Family Farms Threatened by Over-regulation

by Varnum LLP on

On February 7, 2018, American Farm Bureau Federation President Zippy Duvall testified before the Senate Committee on Environment and Public Works and recounted a long list of regulatory abuses and missteps by the federal...more

Changes on the Horizon for U.S. Fish and Wildlife Service's Regulations On Take of Threatened Species

by Nossaman LLP on

On Monday, April 2, 2018, multiple news outlets reported that the U.S. Fish and Wildlife Service (“FWS”) submitted a proposal to change its existing policy regarding the prohibition on “take” for species listed as threatened...more

Summary and Analysis of the United States Fish and Wildlife Service's "Guidance on the recent M-Opinion affecting the Migratory...

This article is a follow-up to our January 29, 2018 article which discussed the United States Solicitor’s December 22, 2017 Memorandum Opinion, M-37050 (the “M-Opinion”). To provide a quick recap of that article, the...more

Infrastructure Series: Agencies Establish One Federal Decision Framework for Project Reviews

by WilmerHale on

This is the seventh issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

Arizona becomes the First State to Eliminate Chevron Deference

by Nossaman LLP on

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

New White House Guidance and Multi-Agency MOU Continue Push to Expedite Environmental Reviews and Permitting for Major...

by Beveridge & Diamond PC on

The Office of Management and Budget and Council on Environmental Quality, on March 20, 2018, issued a Memorandum instructing federal agencies how to implement the “One Federal Decision” policy established in Executive Order...more

Border Wall Waiver: Environmental Organizations U.S. Court of Appeals 9th Circuit Appeal

A number of environmental organizations filed a Notice of Appeal before the United States Court of Appeals for the 9th Circuit Challenging the United States Department of Homeland Security Secretary’s August 2, 2017,...more

Federal Spending Bill Changes Wildfire Suppression Funding and Other Forestry Initiatives

by Perkins Coie on

The $1.3 trillion Consolidated Appropriations Act of 2018, which was signed into law on March 23, 2018, (the Act) includes bipartisan measures to fundamentally change how the U.S. Forest Service and other federal agencies pay...more

U.S. Fish and Wildlife Service Lists Yellow Lance Mussel as Threatened

by Nossaman LLP on

On April 3, 2018, the U.S. Fish and Wildlife Service (Service) published a final to rule listing the yellow lance mussel (Elliptio lanceolata) as threatened under the Endangered Species Act (ESA). ...more

FWS Proposes to Downlist Hawaiian Nene and Allow Limited Incidental Take

by Nossaman LLP on

On April 2, 2018, the U.S. Fish and Wildlife Service (Service) proposed downlisting the Hawaiian goose (Branta sandvicensis), locally known as the “nene,” from endangered to threatened under the Endangered Species Act (ESA)....more

Podcast Episode 17 - Let's Get It Right - Estimating Construction Costs with Bennett Ratliff

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 17, Bennett Ratliff joins us to talk about estimating construction costs and how a civil engineer can assist with eminent domain valuation...more

FWS Withdraws Listing Proposal for Southern California Plant in Favor of Voluntary Conservation

by Nossaman LLP on

On March 16, 2018, the U.S. Fish & Wildlife Service (FWS) announced the withdrawal of its 2016 proposed rule to list San Fernando Valley spineflower (Chorizanthe parryi var. fernandina), a southern California plant species,...more

Trump Administration Actions To Relax Environmental Regulations Should Eventually Benefit Renewable Energy And Transmission...

by Husch Blackwell LLP on

Federal environmental requirements and regulations have been relaxed (or are proposed to be relaxed) since President Trump was elected, but those environmental regulatory changes have not yet realized benefits for renewable...more

National Marine Fisheries Service Finds Listing the Klamath and Trinity River Chinook Salmon as Threatened or Endangered May Be...

by Nossaman LLP on

On February 27, 2018, the National Marine Fisheries Service (“Service”) published a 90-day finding on the Karuk Tribe and Salmon River Restoration Council’s (“Petitioners”) petition to list the Upper Klamath-Trinity Rivers...more

10-in-10 Infrastructure Series: Federal Agency Efforts to Streamline Permitting

by WilmerHale on

This is the second issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

District Court rejects Challenge to Corps Activities on the Yuba River in Northern California

by Nossaman LLP on

In Friends of the River v. National Marine Fisheries Service, the U.S. District Court for the Eastern District of California rejected challenges to Army Corps of Engineers and National Marine Fisheries Service decisions...more

Ninth Circuit Holds ESA Listing of Arctic Ringed Seal Is Not Arbitrary and Capricious Despite Lack of Existing Quantitative Data

by Nossaman LLP on

On February 12, 2018, in Alaska Oil & Gas Association v. National Marine Fisheries Service, Case No. 16-35380, the U.S. Court of Appeals for the Ninth Circuit reversed a 2016 decision by the U.S. District Court for the...more

Dusky Frog Update

by Husch Blackwell LLP on

On February 17, 2017, and August 21, 2107, we blogged about this case. The U.S. Fish & Wildlife Service has designated certain land in Louisiana as critical habitat for the dusky frog, even though the frog does not currently...more

California Department Of Fish And Wildlife Recommends Listing Of Tricolored Blackbird

by Nossaman LLP on

At its February 2018 meeting, the California Fish and Game Commission (“Commission”) received the one-year status review report on a petition to list tricolored blackbird (Agelaius tricolor) as a threatened or endangered...more

Second Budget Proposal Proposes Significant Cuts to the Endangered Species Act Budget

by Nossaman LLP on

On February 12, 2018, the Trump Administration released a budget proposal that would reduce spending on various components of the Endangered Species Act by almost half, including listing determinations and protection of...more

Conservation Easements: Tax Shelters or Lifesavers

by Taylor English Duma LLP on

In the Fifth Edition of “Simple Wealth, Inevitable Wealth” by Nick Murray, the author advises against making investment decisions based primarily on taxes. That is probably good advice when considering conservation easements....more

Applicability Date Change/Waters of the United States Rule: Center for Biological Diversity Notice of Intent to Sue U.S....

The Center for Biological Diversity and a number of other organizations (collectively “CBD”) submitted a February 14th Notice of Intent to Sue alleging that the United States Environmental Protection Agency and the Army Corps...more

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