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On October 31, 2023, the U.S. Fish and Wildlife Service (Service) proposed listing the oblong rocksnail (Leptoxis compacta) as an endangered species under the Endangered Species Act (ESA). The freshwater snail exists only in...more
On June 22, 2023, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, the Services), issued three sets of proposed revisions to their Endangered Species Act (ESA) regulations...more
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
This practice note provides an overview of the Endangered Species Act (ESA), 16 U.S.C. § 1531 et seq., and discusses the obligations of real estate developers and property owners with respect to the ESA. Congress enacted the...more
On February 9, 2023, the U.S. Fish and Wildlife Service (Service) published proposed revisions to its regulations governing incidental take and enhancement of survival permitting under Endangered Species Act (ESA) section 10....more
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
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
On October 18, 2022, the U.S. Fish and Wildlife Service (Service) announced 12-month findings on a petition to list three California-based salamander species under the Endangered Species Act (ESA): the Kern Plateau salamander...more
For the magnificent ramshorn (Planorbella magnifica), a fresh-water snail species native to southeastern North Carolina, efforts to secure protection under the federal Endangered Species Act have progressed at a snail’s pace....more
This week, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to list the sand dune phacelia (Phacelia argentea) as threatened under the Endangered Species Act (ESA), along with a proposed section 4(d) rule...more
On January 25, 2022, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to list the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti) as endangered under the Endangered Species Act...more
On December 22, 2021, the U.S. Fish and Wildlife Service (Service) proposed to list the cactus ferruginous pygmy owl (Glaucidium brasilianum cactorum) (Owl) as threatened under the Endangered Species Act (ESA) primarily due...more
On November 10, 2021, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule to list the bracted twistflower (Streptanthus bracteatus), a plant species found only in Texas, as a threatened species under the...more
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
On October 14, 2021, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to list the bog buck moth (Hemileuca maia menyanthevora) (= H.iroquois) as endangered under the Endangered Species Act (ESA)....more
On September 7, 2021, the U.S. Fish and Wildlife Service (“FWS”), published notice of its proposal to designate critical habitat for the Miami tiger beetle under the Endangered Species Act (“Act”). In total, approximately...more
In the first week of May, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) proposed rules to remove six species from the lists of endangered and threatened wildlife and plants...more
On September 8, 2020, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule codifying procedures for excluding areas of “critical habitat” under section 4 of the Endangered Species Act (ESA). ESA section...more
This week, the U.S. Fish and Wildlife Service (USFWS) announced its opening of 5-year status reviews for 25 southeastern species and 10 southwestern species. Among the species included in the status review are the dusky...more
On January 28, 2020, the U.S. Fish and Wildlife Service (USFWS) published a notice and request for information in connection with USFWS’s initiation of 5-year status reviews for 66 species found in California and Nevada....more
On Tuesday, January 14, 2020, the U.S. Fish and Wildlife Service (Service) published a federal register notice that it will be commencing a comprehensive study of the status of the Grizzly bear (Ursus arctos horribilis)....more
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
On October 24, 2019, the U.S. Fish and Wildlife Service (FWS) published a proposed rule in the Federal Register announcing the agency’s finding that the interior least tern (Sterna antillarum) is no longer warranted for...more
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
On January 31, 2019, the U.S. Fish and Wildlife Service (USFWS) announced plans to amend up to 182 Endangered Species Act (ESA) recovery plans, which potentially cover over 305 animal and plant species, over the next year....more