News & Analysis as of

Endangered Species Act (ESA) Oil & Gas

Interior Department and Forest Service Identify Burdens on Domestic Energy Development

by Latham & Watkins LLP on

Report on the agencies’ review of programs provides a roadmap to understanding which energy policies the Trump administration will revise. Several federal agencies have now issued reports responding to Executive Order (EO)...more

Department of the Interior Announces Actions to Expedite Energy Development with Potential Consequences for Listed Species

by Nossaman LLP on

On October 25, 2017, the U.S. Department of the Interior (DOI) released a report entitled “Review of the Department of the Interior Actions that Potentially Burden Domestic Energy” identifying agency actions that potentially...more

Podcast Episode 7 - Water and Condemnation with Professor Vanessa Casado Perez

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 7, two of Locke Lord’s Dallas Partners, Clint Schumacher and Jeff Mead, talk with Professor Vanessa Casado Perez on Water and Condemnation....more

Sage-Grouse: Short Flight for Pending 10 Million-Acre Withdrawal from General Mining Law?

by Stoel Rives LLP on

Secretary of the Interior Zinke has directed that the Bureau of Land Management immediately begin implementing the recommendations in his Sage-Grouse Review Team’s report, which was was released today, concerning the 2015...more

California Environmental Law and Policy Update - August 2017

by Allen Matkins on

Environmental and Policy Focus - Reversing course, EPA will not delay an Obama ozone rule - Washington Post - Aug 3 - The U.S. Environmental Protection Agency (EPA) has reversed its effort to delay Obama...more

Environmental Case Law Update – 1st Six Months of 2017

On March 21, 2017, the United States Supreme Court decided the case of National Labor Relations Board v. SW General, Inc. This case concerns the operation and application of the Federal Vacancies Reform Act of 1998 (FVRA). ...more

A Closer Look at President Trump's Executive Order on Energy Independence

by Holland & Knight LLP on

President Donald Trump's Executive Order (EO) entitled "Promoting Energy Independence and Economic Growth" is a broad directive accomplishing a number of the Trump Administration's energy-related priorities....more

California Environmental Law & Policy Update - March 2017

by Allen Matkins on

Environmental and Policy Focus - Trump directs rollback of Obama-era water rule - The Washington Post - Feb 28 - President Trump on Tuesday instructed the Environmental Protection Agency (EPA) and Army Corps of...more

Environmental Litigation and Toxic Torts Update – Mountain/West Coast Case Law Highlights

Ninth Circuit Finds “Threatened” Designation For Bearded Seals Proper Based On New Long-Term Projections - Alaska Oil and Gas Ass’n et al. v. Pritzker et al., 840 F.3d 671, 2016 U.S. App. LEXIS 19084 (9th Cir. 2016)....more

Constructing the De-Regulatory State: Trump Executive Orders Aim to Reduce Regulation and Speed Project Development

by Dorsey & Whitney LLP on

Over the last week, President Trump has made good on his promise to take immediate action to reduce and streamline regulations he sees as inhibiting domestic industry and key construction projects. Through a series of...more

A Sign of Things to Come? Trump’s Regulatory Freeze and Other Early Actions

Behind the pomp and circumstance of Friday’s inauguration, President Donald J. Trump and his administration set their sights on deploying a new guard of regulatory and economic policies focused on reducing burdensome...more

Environmental Groups Sue Federal Agencies Again in Unending Legal Battle Over Offshore Oil Development

by Stoel Rives LLP on

On November 11, 2016, the Environmental Defense Center (“EDC”) and Santa Barbara Channelkeeper jointly filed suit against several federal agencies including the Bureau of Ocean Energy Management and the Bureau of Safety and...more

New Administration Means Big Changes for Endangered Species

by Nossaman LLP on

The election of Donald Trump as President, together with Republican majorities in the House and Senate, is likely to lead to important policy changes across a range of issues. While administration of the Endangered Species...more

DC Circuit Judge Rogers Delivers 3 Important Administrative Rulings in 1 Day

July 15 was a busy day at the U.S. Court of Appeals for the District of Columbia Circuit, as five important decisions werethree issued. What was remarkable and worth noting is that Judge Judith Rogers, a member of the court...more

Dunes Sagebrush Lizard Decision Upholds Importance of Conservation Agreements

by Kelley Drye & Warren LLP on

On March 1, the oil and gas industry won a significant victory when the Court of Appeals for the D.C. Circuit upheld the U.S. Fish & Wildlife Service’s (“FWS”) decision that conservation agreements supported by the industry...more

Federal Court Refuses To Reinstate Lesser Prairie Chicken Listing: What Now, And What’s Next?

by Locke Lord LLP on

Last fall a federal court in the Western District of Texas upheld a challenge to the U.S. Fish & Wildlife Service’s (Service) decision to list the lesser prairie chicken (LEPC) as a threatened species under the federal...more

Critical Habitat for Right Whales Expanded

by Blank Rome LLP on

Action Item: The National Marine Fisheries Services (“NMFS”) promulgated a final rule identifying critical habitats for the endangered Northern Atlantic Right Whale. Stakeholders involved in spill response, ocean and offshore...more

Administration Announces New Mitigation Policies

by WilmerHale on

This afternoon, the Administration issued two policies intended to encourage private investment in natural resource conservation and to facilitate application of the mitigation hierarchy—avoiding, minimizing and compensating...more

Sage Grouse Non-Listing Decision Highlights New Challenges to Industry

by Kelley Drye & Warren LLP on

On September 22, 2015, the U.S. Fish and Wildlife Service (“FWS”) announced its determination that the greater sage-grouse does not warrant protection under the Endangered Species Act (“ESA”) – i.e., the sage grouse does not...more

Birds of a Feather? Greater Sage-Grouse Decision Shows That Conservation and Energy Development Can Flock Together

by BakerHostetler on

On September 22, energy developers in the West breathed a sigh of relief when the U.S. Fish and Wildlife Service (FWS) announced that the greater sage-grouse does not require protection under the Endangered Species Act (ESA)....more

Court Limits Migratory Bird Treaty Act Applicability to Incidental Take

by Latham & Watkins LLP on

On September 4, 2015, the US Court of Appeals for the Fifth Circuit issued a ruling in United States v. CITGO that a “taking” subject to prosecution under the Migratory Bird Treaty Act (MBTA) does not include the...more

Where You Operate Matters: the Fifth Circuit Widens the Split on MBTA Liability

by K&L Gates LLP on

Last week the Fifth Circuit issued a ruling that reduces uncertainty regarding criminal liability for taking migratory birds. In particular, the ruling alleviates potential liability for facilities where interactions with...more

Birds of a Feather: The 5th Circuit Joins the 8th and 9th Circuits’ Narrow View of the MBTA’s Take Prohibition

by Perkins Coie on

On September 4, 2015, the U.S. Court of Appeals for the Fifth Circuit held in United States v. CITGO Petroleum Co. that the Migratory Bird Treaty Act’s take prohibition does not include the unintentional take of migratory...more

Greater sage-grouse and land use in the inter-mountain west

by K&L Gates LLP on

The greater sage-grouse—a ground-dwelling, chicken-like bird—has been the focus of controversy pitting conservation against energy development and ranching interests across the inter-mountain west. The greater sage-grouse’s...more

Bureau of Land Management Releases Conservation Plans for Greater Sage-Grouse

by Latham & Watkins LLP on

On Thursday, May 28, 2015, the Bureau of Land Management (BLM) released fourteen final Environmental Impact Statements (EISs) that incorporate greater-sage-grouse conservation measures into the land-use plans for about 50...more

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