News & Analysis as of

Endangered Species Act (ESA)

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Listing, Designating Critical Habitat for Kentucky Creekshell

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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

Nossaman LLP

Federal Court Orders Re-do of Golden-Cheeked Warbler Petition Review

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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

Holland & Knight LLP

Court Strikes Down Key Endangered Species Act Opinion

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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

Nossaman LLP

Recent Updates to Federal Environmental and Natural Resource Regulations

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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

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

Draft Insecticide Strategy to Reduce Exposure of Federally Listed Endangered/Threatened Species and Designated Critical Habitats...

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

Allen Matkins

California Court of Appeal Clarifies What Constitutes a “Rare” Species Under CEQA

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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

Nossaman LLP

[Webinar] Recent Updates to Federal Environmental and Natural Resource Regulations - August 28th, 12:00 pm - 1:30 pm PT

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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

Nossaman LLP

EPA Releases Draft Insecticide Strategy to Reduce Impacts to ESA-listed Species

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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

Bergeson & Campbell, P.C.

EPA Announces Changes to When It Assesses Potential Exposure to Pesticide Spray Drift

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

Pillsbury Winthrop Shaw Pittman LLP

The Dunes Sagebrush Lizard Saga Continues: FWS Lists the Species as Endangered, Draws Congressional Response

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

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

Unpaved Road Projects Program: Arkansas Natural Resources Commission/Arkansas Department of Agriculture Announces Funding in Nine...

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

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

Barrens Topminnow/Tennessee Fish: U.S. Fish and Wildlife Service Proposes Critical Habitat

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

Nossaman LLP

Service Lists Suwannee Alligator Snapping Turtle as Threatened with a 4(d) Rule

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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

Allen Matkins

California Environmental Law & Policy Update 6.21.24

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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

Allen Matkins

Commission Grants Extension for Review of Potential Burrowing Owl Protections

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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

Vinson & Elkins LLP

Dunes Sagebrush Lizard Listed as Endangered: What it Means for Permian Producers and Frac Sand Availability

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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

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

Endangered Species Act/Citizen Suit Action: Earthjustice Alleges U.S. Department of Interior Violations Approving Pinto Valley...

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

Stoel Rives - Renewable + Law

U.S. Fish and Wildlife Service Issues Final Rule Affecting Take Permits Under the Endangered Species Act

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

Oberheiden P.C.

EPA Compliance in 2024: 10 Key Areas of Concern (and 5 Tips for Success)

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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

Downey Brand LLP

Ninth Circuit Hands Major Victory to Senior Water Right Holders on the Sacramento River

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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

Allen Matkins

California Considers Endangered Species Protection for Burrowing Owls - 2024 Land Use, Environmental & Natural Resources Update

Allen Matkins on

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

Allen Matkins

Recently Effective & Pending State Housing Laws - 2024 Land Use, Environmental & Natural Resources Update

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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

Robinson+Cole Environmental Law +

First Circuit Rejects Challenges to Federal Permits for Vineyard Wind 1

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

Locke Lord LLP

Permian Predicament Comes to Pass: ‎USFWS Promulgates ‎Endangered Listing for Dunes Sagebrush ‎Lizard

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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

Nossaman LLP

Dunes Sagebrush Lizard Earns Spot on Endangered Species List

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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

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