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Endangered Species Act (ESA) Consultation

Nossaman LLP

Federal Court Finds BLM Violated ESA in Failing to Reinitiate Consultation for Oil and Gas Leases

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On February 9, 2022, the U.S. District Court for the District of Colorado found that the Bureau of Land Management (BLM) violated the Endangered Species Act (ESA) when it failed to reinitiate consultation with the U.S. Fish...more

Nossaman LLP

Feds Appeal NWP 12 Ruling

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Yesterday, the U.S. Army Corps of Engineers (Corps) appealed to the United States Court of Appeals for the Ninth Circuit the decision of a lower court to vacate nationwide permit 12 (NWP 12) until the Corps completes...more

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NWP 12 Back in Play, Mostly

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On Monday, the United States District Court for the District of Montana issued an order amending its previous order, which had invalidated nationwide permit 12 (NWP 12) on the basis that the U.S. Army Corps of Engineers...more

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Services Delay New Consultation Regulations

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On August 27, 2019, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) announced the finalization of regulations governing implementation of various aspects of the Endangered Species Act...more

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National Environmental Policy Act/Endangered Species Act: Federal Appellate Court Addresses Challenge to U.S. Forest Service...

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a June 4th Order whether the United States Fish and Wildlife Service (“FWS”) and the United States Forest Service (“USFS”) approval of the...more

Stoel Rives LLP

Proposed Changes to Endangered Species Act Regulations Would Create Efficiencies Without Changing Species Protections

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Last week, the U.S. Fish and Wildlife Service (“USFWS”) and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (“NMFS”) (collectively the “Services”) proposed rules under the Endangered...more

Nossaman LLP

Ninth Circuit Holds Forest Service Violated ESA by Failing to Reinitiate Consultation for Canada Lynx

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On June 17, 2015, the U.S. Court of Appeals for the Ninth Circuit ruled that the U.S. Forest Service (Service) violated section 7 of the Endangered Species Act (ESA) by failing to reinitiate consultation with the U.S. Fish...more

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Ninth Circuit Holds Consultation Unnecessary for Wind Energy Project

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On May 27, 2015, the U.S. Court of Appeals for the Ninth Circuit provided some additional guidance as to what constitutes agency action for purposes of triggering the consultation requirement under the Endangered Species Act...more

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Broad Duty To Consult Is New Norm Under ESA In 9th Circ.

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Recently, the Ninth Circuit sitting en banc issued a landmark decision regarding the consultation provisions of the Endangered Species Act. The consultation provisions require any federal agency that authorizes, funds or...more

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Ninth Circuit Holds Cumulative Effects Analysis Not Necessary For Informal Consultation

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In a published opinion affirming the denial of preliminary injunctive relief, the U.S. Court of Appeals for the Ninth Circuit held that "there is no statutory mandate to consider cumulative effects during informal...more

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