News & Analysis as of

Endangered Species

The Power of the Purse, and What That Potentially Means This Holiday Season

by Nossaman LLP on

Long ago, the framers of the Constitution decided to separate the federal government’s powers into three branches, with each branch acting as a check on the other. Broadly speaking, the legislative branch writes the law, the...more

House of Representatives Seeks To Clarify Lack Of Liability for Incidental and Accidental Take under Migratory Bird Treaty Act

by Nossaman LLP on

On November 8, 2017, the House of Representatives Committee on Natural Resources approved an amendment to oil and gas-related legislation, the SECURE Act (H.R. 4239), that is intended to obviate liability for the incidental...more

Cascades Frog Takes Another Leap Toward Listing under CESA

by Nossaman LLP on

On October 17, 2017, the California Fish and Game Commission (“Commission”) published notice of its preliminary positive finding on a petition to list the Cascades frog (Rana cascadae) as threatened or endangered under the...more

U.S. Fish and Wildlife Service Seeking Comments on Mitigation Policies

by Nossaman LLP on

The U.S. Fish and Wildlife Service (Service) has requested public comment on its revised Mitigation Policy and the Endangered Species Act Compensatory Mitigation Policy (ESA-CMP)....more

California Environmental Law and Policy Update - November 2017

by Allen Matkins on

Focus - White House receives recommendations that could open national marine sanctuaries to oil drilling - San Jose Mercury News - Oct 27 Six months after President Donald Trump signed an executive order aimed at...more

Ninth Circuit Confirms That “Good Faith Belief” Defense Under The ESA Is Governed By A Subjective Standard

On October 25, the U.S. Court of Appeals for the Ninth Circuit vacated the Dan Calver Wallen’s conviction for killing three grizzly bears in violation of the Endangered Species Act, 16 U.S.C. §§ 1531 et seq. (ESA). The case...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

Trump Administration Reconsiders Greater Sage Grouse Plans

by Nossaman LLP on

It has been a busy October for the greater sage grouse (Centrocercus urophasianus). On October 11, 2017, the Bureau of Land Management (BLM) announced its intention to amend the existing greater sage grouse habitat management...more

Fish and Wildlife Service Makes 12-Month Findings, Denies ESA Protections for 25 Species

by Nossaman LLP on

On Thursday, October 5, 2017, the U.S. Fish & Wildlife Service (“Service”) announced 12-month “not warranted” findings on petitions to list 25 species as endangered or threatened under the Endangered Species Act (“ESA”). It...more

Endangered Species Act Reform - Wolves, Dollars, Data

by Nossaman LLP on

In July we reported on five bills that propose to amend various aspects of the Endangered Species Act: - H.R. 2603 – would remove listings of non-native species; - H.R. 717 – would modify the process for listing...more

Fish and Wildlife Service Proposes Denial of ESA Protections for Two Species

by Nossaman LLP on

On Friday, September 29, 2017, the U.S. Fish & Wildlife Service (“Service”) announced its withdrawal of the proposed rule listing the Kenk’s amphipod (Stygobromus kenki), an aquatic crustacean, as an endangered species under...more

U.S. Fish and Wildlife Service Lists Three New Species; National Marine Fisheries Services Lists Subspecies of Hector’s Dolphin

by Nossaman LLP on

On September 20, 2017, the U.S. Fish and Wildlife Service (“USFWS”) listed three separate species under the Endangered Species Act (“ESA”). USFWS listed the Sonoyta mud turtle (Kinosternon sonoriense) as endangered, and the...more

Endangered Species Act: Trump Administration's First Addition to Endangered Species List

The Center for Biological Integrity recently noted that the Trump Administration added its first species to the federal Endangered Species Act (“ESA”) endangered list. The United States Fish and Wildlife Service...more

Ninth Circuit Defers to U.S. Fish and Wildlife Service's Distinct Population Segment Determination

by Nossaman LLP on

On August 28, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court decision upholding a U.S. Fish and Wildlife Service (“Service”) determination that the Sonoran Desert Area bald eagle does not...more

NMFS Issues Final Rule Designating Critical Habitat for the Atlantic Sturgeon

by Nossaman LLP on

On August 17, 2017, the National Marine Fisheries Service (NMFS) issued a final rule designating critical habitat for the endangered New York Bight, Chesapeake Bay, Carolina, and South Atlantic Distinct Population Segments...more

Fifth Circuit Vacates Preliminary Injunction Premised on Endangerment For Lack of Evidence

On August 9, the U.S. Court of Appeals for the Fifth Circuit, in an unpublished opinion, decided the case of Friends of Lydia Ann Channel v. U.S. Army Corps of Engineers, vacating the preliminary injunction issued by the U.S....more

National Marine Fisheries Service Declines to List Pacific Bluefin Tuna

by Nossaman LLP on

On August 9, 2017, the National Marine Fisheries Service (NMFS) issued a 12-month finding on a petition to list the Pacific bluefin tuna (Thunnus orientalis) as an endangered or threatened species under the Endangered Species...more

Federal Appeals Court Keeps Great Lakes Grey Wolves Listed As Threatened

by Nossaman LLP on

On August 1, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision in Humane Society of the U.S. v. Zinke, Case No. 15-5041 (Aug. 1, 2017), affirming a district court decision that keeps the...more

Dusky Gopher Frog’s Louisiana Critical Habitat Spawns U.S. Supreme Court Writ

by Liskow & Lewis on

A group of Louisiana landowners, Weyerhaeuser Company, and the Pacific Legal Foundation filed Petitions for Writs of Certiorari this month asking the U.S. Supreme Court to overturn the U.S. Fish and Wildlife Service’s (USFWS)...more

D.C. Circuit Court of Appeals Approves Endangered Species Act Delisting for Gray Wolves in Wyoming

by Clark Hill PLC on

In 2012, the U.S. Fish and Wildlife Service (Service), acting on behalf of the Secretary of the Interior, delisted the gray wolf in Wyoming as a protected species pursuant to the Endangered Species Act (ESA). Several...more

USFWS Tentatively Supports ESA Reform Bills

by Nossaman LLP on

On July 19, 2017, the House Committee on Natural Resources held a full committee legislative hearing on five bills that would amend portions of the Endangered Species Act (ESA)....more

ESA Reform Update

by Nossaman LLP on

Battle lines are being drawn in connection with ongoing efforts by lawmakers to reform the Endangered Species Act (“ESA”). In a letter addressed to the leaders of both houses of Congress, the Senate Environmental and Public...more

From IDOT to School Gardens: Providing Sanctuary for Monarch Butterflies

by Franczek Radelet P.C. on

The Illinois Department of Transportation (IDOT) recently joined a national campaign to protect endangered monarch butterflies. As of May 2017, IDOT is mowing only 15 feet from the edge of roadways, reducing the total amount...more

Hualapai Mexican Vole Removed from List of Endangered Species Due to Erroneous Listing

by Nossaman LLP on

On June 23, 2017, the U.S. Fish and Wildlife Service (Service) promulgated a long-awaited final rule to delist the Hualapai Mexican vole (Microtus mexicanus hualpaiensis) (HMV) due to the Service’s determination that the...more

U.S. Fish and Wildlife Service to Delist Yellowstone Grizzly Bear

by Nossaman LLP on

On June 22, 2017, U.S. Secretary of the Interior Ryan Zinke announced that the U.S. Fish and Wildlife Service (Service) will delist the Yellowstone population of the grizzly bear (Ursus arctos horribilis). According to the...more

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