News & Analysis as of

Endangered Species Act (ESA) Oil & Gas US Fish and Wildlife Service

Pillsbury Winthrop Shaw Pittman LLP

The Dunes Sagebrush Lizard Saga Continues: FWS Lists the Species as Endangered, Draws Congressional Response

On May 20, 2024, the U.S. Fish and Wildlife Service published a final rule listing the dunes sagebrush lizard as endangered under the Endangered Species Act. The listing does not include a designation of critical habitat....more

Vinson & Elkins LLP

Dunes Sagebrush Lizard Listed as Endangered: What it Means for Permian Producers and Frac Sand Availability

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On May 20, 2024, the U.S. Fish and Wildlife Service (FWS) issued a final rule listing the dunes sagebrush lizard (“DSL”) as endangered under the Endangered Species Act (“ESA”).1 The change in the DSL listing status, which...more

Allen Matkins

California Environmental Law & Policy Update - May 2022 #3

Allen Matkins on

City of San Diego sues 20-plus companies to force cleanup of PFAS contamination Bullet Times of San Diego - May 11 The San Diego City Attorney’s Office filed suit last Wednesday against more than 20 chemical companies for...more

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

Jackson Walker

Proposed Listing of Lesser Prairie-Chicken Under Endangered Species Act and Potential Impact on Energy Projects

Jackson Walker on

On June 1, 2021, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule in the Federal Register to list the lesser prairie-chicken under the Endangered Species Act (ESA). The proposal distinguishes between...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

Bracewell LLP

Will Congress Rollback Trump Regulatory Actions to Advance the Biden Policy Agenda?

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Recent news that the Democrats flipped both U.S. Senate seats in Georgia’s run-off election means that the Democrats have enough votes to add the Congressional Review Act (CRA)[1] to the tools that could be used to advance...more

Vinson & Elkins LLP

Army Corps Finalizes Nationwide Permit Revisions Affecting Infrastructure Development

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On January 5, 2021, the U.S. Army Corps of Engineers (“Army Corps”) released a pre-publication version of its final rule reissuing and modifying a subset of its suite of nationwide permits (“NWPs”), including those used for...more

Allen Matkins

California Environmental Law & Policy Update - December 2020 #3

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Biden picks North Carolina environmental chief to lead EPA - Associated Press – December 17 - President-elect Joe Biden this Thursday selected Michael S. Regan to serve as Administrator of the U.S. Environmental...more

Allen Matkins

California Environmental Law & Policy Update - September 2020 #2

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White House directs agencies to relax enforcement - Los Angeles Times – September 9 - A memorandum produced by the White House Office of Management and Budget and sent to federal agency heads last week instructs them to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act/U.S. Fish and Wildlife Service Issues Final Rule: American Burying Beetle Downlisted From Endangered To...

The United States Fish and Wildlife Service (“Service”) issued a September 3rd final rule reclassifying (i.e., downlisting) the American burying beetle (“ABB”) from endangered to threatened on the Endangered Species Act...more

Bond Schoeneck & King PLLC

Current Events and Roiling Waters - Part 4: Nationwide Permit 12 – Still Standing…At Least For Now

This is Part 4 in a five-part series addressing the latest changes in legal standards regulating water resources in the United States. Part 4 addresses the fallout from recent decisions in a lawsuit over the Keystone XL...more

Perkins Coie

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

Perkins Coie on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Enforcement/Safe Drinking Water Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental...

The Center for Biological Diversity (“CBD”) sent a July 25th 60-day Notice of Intent to Sue (“Notice”) to the United States Environmental Protection Agency (“EPA”) alleging a violation of the Endangered Species Act (“ESA”). ...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2019

Federal Appeals Court Vacates Key Atlantic Coast Pipeline Permit - "A federal appeals court has pulled another permit issued to the Atlantic Coast Pipeline, saying the U.S. Fish and Wildlife Service had fast-tracked the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

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

The United States Fish and Wildlife Service (“FWS”) issued an August 14th Federal Register Notice asking for public comment on federally listed American burying-beetle incidental take permit applications. See 83 Fed. Reg....more

Pillsbury - Gravel2Gavel Construction & Real...

A Trio of Environmental Decisions from the Fourth Circuit

Within the past few weeks, the U.S. Court of Appeals for the Fourth Circuit has issued some very significant rulings regarding the construction of new natural gas pipelines. ...more

Perkins Coie

U.S. Fish and Wildlife Service Issues Guidance on Endangered Species Act Incidental Take Permits

Perkins Coie on

The U.S. Fish and Wildlife Service issued a guidance memorandum addressing when an incidental take permit may be needed under Section 10(a)(1)(B) of the Endangered Species Act for projects that modify habitat of federally...more

Akin Gump Strauss Hauer & Feld LLP

Fish and Wildlife Service Doubles Down on Department of Interior Opinion on Migratory Bird Treaty Act (MBTA)

On April 11, 2018, the U.S. Fish and Wildlife Service (FWS) issued a Memorandum titled “Guidance on the recent M-Opinion affecting the Migratory Bird Treaty Act” (the “Memorandum”), giving field advice to its enforcement...more

Mitchell, Williams, Selig, Gates & Woodyard,...

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

Latham & Watkins LLP

Interior Department and Forest Service Identify Burdens on Domestic Energy Development

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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

Nossaman LLP

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

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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

Stoel Rives LLP

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

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

Allen Matkins

California Environmental Law and Policy Update - August 2017

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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

Kelley Drye & Warren LLP

Dunes Sagebrush Lizard Decision Upholds Importance of Conservation Agreements

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

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