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Endangered Species Act (ESA) Comment Period Proposed Rules

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Revised Critical Habitat Designation for Rufa Red Knot

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On April 13, 2023, the United States Fish and Wildlife Service (“Service”) published a proposed rule to revise the critical habitat designation for the rufa red knot (Calidris canutus rufa). The red knot is a shorebird that...more

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U.S. Fish and Wildlife Service Proposes Revised Critical Habitat for the Sickle Darter

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On January 24, 2023, the U.S. Fish and Wildlife Service (Service) proposed to designate approximately 104 river miles as critical habitat for the sickle darter (Percina williamsi) under the Endangered Species Act (ESA). The...more

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U.S. Fish and Wildlife Service Proposes Revised Critical Habitat for Fisher DPS

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On November 7, 2022, the U.S. Fish and Wildlife Service (Service) proposed to designate approximately 595,495 acres of critical habitat for the Southern Sierra Nevada distinct population segment (DPS) of fisher (Pekania...more

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Service Proposes Critical Habitat Designation for Coastal DPS of Pacific Marten

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On October 25, the U.S. Fish and Wildlife Service (Service) published a proposed rule to designate critical habitat for the coastal distinct population segment (DPS) of Pacific marten (Martes caurina), also known as coastal...more

Brownstein Hyatt Farber Schreck

Regulatory Ping Pong Creates New Enforcement Paradigms for Migratory Bird Treaty Act

On Oct. 4, 2021, the Fish and Wildlife Service (“FWS”) issued a final rule, effective Dec. 3, 2021, restoring the Migratory Bird Treaty Act (“MBTA”) to prohibit the incidental take of migratory birds. The interpretation and...more

Perkins Coie

Bird Is the Word: US Fish & Wildlife Service Proposes Narrow Interpretation of Migratory Bird Treaty Act

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The U.S. Fish and Wildlife Service issued a proposed rule on January 30, 2020, that narrowly interprets the protections afforded by the Migratory Bird Treaty Act. The new rule would provide that the MBTA prohibits only the...more

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FWS Proposes Removing Kanab Ambersnail from ESA Protection

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On January 6, 2020, the U.S. Fish and Wildlife Service (FWS) published a proposed rule in the Federal Register announcing the agency’s finding that the Kanab ambersnail (Oxyloma haydeni kanabensis) is no longer warranted for...more

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FWS Proposes Listing “Madtom” and “Waterdog”

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U.S. Fish and Wildlife Service (FWS) announced a proposal to list two intriguing North Carolina aquatic species under the Endangered Species Act (ESA). The FWS was spurred to act in part by a 2010 petition and subsequent...more

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U.S. Fish and Wildlife Service Issues Proposed Rule to Delist the Gray Wolf

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On March 15, 2019, the U.S. Fish and Wildlife Service (“Service”) issued a proposed rule to remove the gray wolf (Canis lupus) from the List of Endangered and Threatened Wildlife. ...more

Downey Brand LLP

Administration Continues its Roll on Regulatory Changes, Proposing Numerous Changes in Rules Governing Federal Endangered Species...

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On the heels of its notice of federal rulemaking under the National Environmental Policy Act (see our July 2 blog post) and other more modest efforts at reform on the administrative level, the Administration on July 19...more

Snell & Wilmer

Trump’s Regulatory Reform Initiatives Meet the Endangered Species Act

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The U.S. Fish and Wildlife Service and NOAA Fisheries jointly announced via conference call this morning the publication of proposed revisions to portions of their regulations that implement key sections of the Endangered...more

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Trump Administration Reconsiders Greater Sage Grouse Plans

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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

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

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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

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