News & Analysis as of

Endangered Species Act (ESA) Conservation

End of the Year Endangered Species Round-Up

by Nossaman LLP on

As 2018 approaches, the U.S. Fish and Wildlife Service (“Service”) made a few announcements that will likely impact the list of threatened and endangered species. In these last 11 days of 2017, the Service announced 90-day...more

Endangered Species Act: U.S. Fish and Wildlife Service Request for Public Comment on Incidental Take Permit Applications to...

The United States Fish and Wildlife Service (“FWS”) issued a December 5th Federal Register Notice asking for public comment on federally listed American burying-beetle incidental take permit applications. See 82 Fed. Reg....more

Administration Announces Comprehensive Revisions to Endangered Species Act Implementing Regulations

by Nossaman LLP on

In the Fall 2017 publication of the Unified Agenda of the Office of Information and Regulatory Affairs, the Department of the Interior announced its intent to revise the U.S. Fish and Wildlife Service’s regulations governing...more

The Power of the Purse, and What That Potentially Means This Holiday Season

by Nossaman LLP on

Long ago, the framers of the Constitution decided to separate the federal government’s powers into three branches, with each branch acting as a check on the other. Broadly speaking, the legislative branch writes the law, the...more

Cascades Frog Takes Another Leap Toward Listing under CESA

by Nossaman LLP on

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

U.S. Fish and Wildlife Service Seeking Comments on Mitigation Policies

by Nossaman LLP on

The U.S. Fish and Wildlife Service (Service) has requested public comment on its revised Mitigation Policy and the Endangered Species Act Compensatory Mitigation Policy (ESA-CMP)....more

Trump Administration Reconsiders Greater Sage Grouse Plans

by Nossaman LLP on

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

Fish and Wildlife Service Makes 12-Month Findings, Denies ESA Protections for 25 Species

by Nossaman LLP on

On Thursday, October 5, 2017, the U.S. Fish & Wildlife Service (“Service”) announced 12-month “not warranted” findings on petitions to list 25 species as endangered or threatened under the Endangered Species Act (“ESA”). It...more

Endangered Species Act Reform - Wolves, Dollars, Data

by Nossaman LLP on

In July we reported on five bills that propose to amend various aspects of the Endangered Species Act: - H.R. 2603 – would remove listings of non-native species; - H.R. 717 – would modify the process for listing...more

Fish and Wildlife Service Proposes Denial of ESA Protections for Two Species

by Nossaman LLP on

On Friday, September 29, 2017, the U.S. Fish & Wildlife Service (“Service”) announced its withdrawal of the proposed rule listing the Kenk’s amphipod (Stygobromus kenki), an aquatic crustacean, as an endangered species under...more

U.S. Fish and Wildlife Service Lists Three New Species; National Marine Fisheries Services Lists Subspecies of Hector’s Dolphin

by Nossaman LLP on

On September 20, 2017, the U.S. Fish and Wildlife Service (“USFWS”) listed three separate species under the Endangered Species Act (“ESA”). USFWS listed the Sonoyta mud turtle (Kinosternon sonoriense) as endangered, and the...more

Ninth Circuit Defers to U.S. Fish and Wildlife Service's Distinct Population Segment Determination

by Nossaman LLP on

On August 28, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court decision upholding a U.S. Fish and Wildlife Service (“Service”) determination that the Sonoran Desert Area bald eagle does not...more

NMFS Issues Final Rule Designating Critical Habitat for the Atlantic Sturgeon

by Nossaman LLP on

On August 17, 2017, the National Marine Fisheries Service (NMFS) issued a final rule designating critical habitat for the endangered New York Bight, Chesapeake Bay, Carolina, and South Atlantic Distinct Population Segments...more

National Marine Fisheries Service Declines to List Pacific Bluefin Tuna

by Nossaman LLP on

On August 9, 2017, the National Marine Fisheries Service (NMFS) issued a 12-month finding on a petition to list the Pacific bluefin tuna (Thunnus orientalis) as an endangered or threatened species under the Endangered Species...more

Federal Appeals Court Keeps Great Lakes Grey Wolves Listed As Threatened

by Nossaman LLP on

On August 1, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision in Humane Society of the U.S. v. Zinke, Case No. 15-5041 (Aug. 1, 2017), affirming a district court decision that keeps the...more

Dusky Gopher Frog’s Louisiana Critical Habitat Spawns U.S. Supreme Court Writ

by Liskow & Lewis on

A group of Louisiana landowners, Weyerhaeuser Company, and the Pacific Legal Foundation filed Petitions for Writs of Certiorari this month asking the U.S. Supreme Court to overturn the U.S. Fish and Wildlife Service’s (USFWS)...more

ESA Reform Update

by Nossaman LLP on

Battle lines are being drawn in connection with ongoing efforts by lawmakers to reform the Endangered Species Act (“ESA”). In a letter addressed to the leaders of both houses of Congress, the Senate Environmental and Public...more

Hualapai Mexican Vole Removed from List of Endangered Species Due to Erroneous Listing

by Nossaman LLP on

On June 23, 2017, the U.S. Fish and Wildlife Service (Service) promulgated a long-awaited final rule to delist the Hualapai Mexican vole (Microtus mexicanus hualpaiensis) (HMV) due to the Service’s determination that the...more

U.S. Fish and Wildlife Service to Delist Yellowstone Grizzly Bear

by Nossaman LLP on

On June 22, 2017, U.S. Secretary of the Interior Ryan Zinke announced that the U.S. Fish and Wildlife Service (Service) will delist the Yellowstone population of the grizzly bear (Ursus arctos horribilis). According to the...more

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

by Nossaman LLP on

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

Secretary Zinke Orders Review of Sage-grouse Management Plans

by Nossaman LLP on

On June 8th, 2017, Department of Interior (DOI) Secretary Ryan Zinke signed Secretarial Order 3353, entitled “Greater Sage-Grouse Conservation and Cooperation with Western States.” This Order initiates the assessment of both...more

National Marine Fisheries Service Proposes Revised Guidance for Recovery Plans

by Nossaman LLP on

On May 31, 2017, the National Marine Fisheries Service (NMFS) issued proposed revised guidance for the development of recovery plans as required by the Endangered Species Act (ESA). The proposal is aimed at prioritizing...more

Ninth Circuit Upholds the U.S. Fish and Wildlife Service’s Determination on the Whitebark Pine

by Nossaman LLP on

On April 28, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the United States District Court for the District of Montana’s finding that the U.S. Fish and Wildlife Service’s (Service) determination...more

ESA Round-Up – April 2017

by Nossaman LLP on

Despite a slow start to 2017, largely due to the White House Memorandum delaying the effective date of new regulations, the U.S. Fish and Wildlife Service (Service) is picking up steam.  In April 2017, the Service initiated...more

Manatee Reclassified from Endangered to Threatened

by Nossaman LLP on

On April 5, 2017, the U.S. Fish and Wildlife Service (Service) issued a final rule in the Federal Register reclassifying the West Indian manatee (Trichechus manatus) from endangered to threatened under the Endangered Species...more

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