News & Analysis as of

Endangered Species Act (ESA) Property Owners

Woods Rogers

New Bat Rules May Affect Future Construction Projects, including New VDOT Tree Removal Limits

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Contractors and owners with projects that may affect forested areas after December of 2022 may face more restrictive prohibitions against tree removal under a proposed rule that would list the northern long-eared bat as an...more

Tonkon Torp LLP

More Proof That Environmental Site Assessments Are Critically Important In CERCLA Cases

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In 1980, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), frequently referred to as Superfund. This legislation was passed in response to mounting concerns regarding...more

Alston & Bird

Environmental & Land Use Briefing - June 2019

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Welcome to Alston & Bird’s Environmental & Land Use Briefing, a summary of emerging issues and recent developments in environmental and land use law. ...more

Cozen O'Connor

State AGs And SCOTUS: Term Preview

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State Attorneys General (“AGs”) continue to be active as both litigants and amici in cases before the U.S. Supreme Court. This term there are several cases with significant State AG amici involvement that implicate important...more

Davis Wright Tremaine LLP

Tenth Circuit Reverses Ruling Limiting Endangered Species Act Jurisdiction Over Intra-State Species

The Tenth Circuit U. S. Court of Appeals dashed the hopes of property rights activists by overturning a district court decision that the Fish and Wildlife Service (FWS) had no jurisdiction under the Endangered Species Act...more

Pillsbury - Gravel2Gavel Construction & Real...

10th Cir. Holds Congress, Pursuant To Authority Under Commerce Clause, Can Protect, Under ESA, Purely Intrastate Species On...

On March 29, in the case of People For the Ethical Treatment of Property Owners v. U.S. Fish and Wildlife Service, et al., the U.S. Court of Appeals for the Tenth Circuit issued a unanimous decision that the Endangered...more

Beveridge & Diamond PC

Court Finds Endangered Species Act Cannot Regulate Species on Private Lands Within a Single State

Beveridge & Diamond PC on

In a win for property owners and project proponents, a Utah federal district court has ruled that the United States Constitution does not authorize the U.S. Fish and Wildlife Service (“FWS”) to regulate impacts to the Utah...more

Nossaman LLP

Utah Court Bucks the Trend: Holds Congress Lacks Power to Regulate Intrastate Species on Private Land

Nossaman LLP on

Contrary to every federal court of appeal decision that has addressed the issue, a federal court in Utah has held that the broad authority of the U.S. Fish and Wildlife Service (Service) to regulate "take" of threatened...more

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