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ESA Listings Trump Administration

Stoel Rives LLP

U.S. Fish and Wildlife Service and National Marine Fisheries Service Issue Proposed Endangered Species Act Regulations Regarding...

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On June 22, 2023, the U.S. Fish and Wildlife Service (“FWS”) and National Marine Fisheries Service (“NMFS”) (collectively, “the Services”) published three proposed rules related to implementation of the Endangered Species Act...more

Nossaman LLP

9th Circuit Puts ESA Rules Vacatur on Hold

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On September 21, 2022, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) stayed a July 5, 2022 order of the U.S. District Court for the Northern District of California (District Court) vacating several...more

Nossaman LLP

Court Vacates Trump-Era ESA Regulations

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On July 5, 2022, the U.S. District Court for the Northern District of California issued an order vacating three Trump-era regulations implementing the Endangered Species Act (“ESA”)....more

Nossaman LLP

Habitat Definition No Longer Applies in Critical Habitat Designations

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On June 24, 2022, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, Services) published a final rule rescinding the Trump administration’s 2020 final rule defining “habitat” for the...more

Nossaman LLP

Gray Wolf Removed from Endangered Species List & Environmental Groups File Notice of Intent to Sue

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On November 3, 2020, the United States Fish & Wildlife Service (“Service”) published a final rule removing the gray wolf (canis lupus) from the federal list of Endangered and Threatened Species in the lower 48 United States...more

Nossaman LLP

Service Announces American Burying Beetle Downlisting and 4(d) Rule

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The United States Fish and Wildlife Service ("Service") recently released a pre-publication version of its final rule to reclassify the American burying beetle (Nicrophorus americanus) from endangered to threatened under the...more

Nossaman LLP

Kangaroo Rat: From Endangered to Threatened

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On August 19, 2020, the U.S. Fish and Wildlife Service (Service) published a proposed rule that would remove the Stephens’ kangaroo rat (Dipodomys stephensi) from the federal list of Endangered Species....more

Snell & Wilmer

Bird Trouble: Trump Administration Plans for Greater Sage Grouse Shot Down by Federal Court; States Take a Shot Too

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The greater sage-grouse is a chicken-like bird that is currently found in 11 western states. For more than 25 years, there has been considerable controversy concerning whether to list the greater sage-grouse for protection...more

K&L Gates LLP

Trump Administration Finalizes New Endangered Species Act Regulations

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The Trump administration recently issued three final rules revising several key aspects of the Endangered Species Act (“ESA”), including: (1) listing species and designating critical habitat under § 4 of the ESA; (2)...more

Hogan Lovells

ESA revised regulations: what to expect

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There has been much coverage and misinformation in the public discourse regarding Interior’s recently-announced revisions of regulations to implement the Endangered Species Act (ESA). Doug Wheeler and Hilary Tompkins bring...more

(ACOEL) | American College of Environmental...

Climate Whack-a-Mole; or How the Trump Administration Institutionalizes Ignorance in the Endangered Species Act

Given the severity and finality of the extinction of species on this planet, and the myriad adverse impacts on human society and natural ecosystems of such extinction, Congress passed the hallmark Endangered Species Act in...more

Downey Brand LLP

Trump Administration Announces Three Rules Making Sweeping Changes to Federal Endangered Species Act Regulations

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On August 12, 2019, the U.S. Fish and Wildlife Service (“FWS”) and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (“NMFS”) (collectively “Services”) jointly announced three rules that...more

Davis Wright Tremaine LLP

Trump Track: Speed Bumps on the Road to Species Protection

On August 12, 2019, the Trump Administration adopted three new rules in an attempt to rein in the Endangered Species Act (ESA). The rules would eliminate regulations in place since 1978 affording protections for "threatened"...more

Perkins Coie

Trump Administration Finalizes Major Changes to Endangered Species Act Regulations

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The U.S. Fish and Wildlife Service and National Marine Fisheries Service issued a set of three new final rules on August 12, 2019, that substantially revise the regulations implementing the Endangered Species Act. The new...more

Nossaman LLP

ESA Regulatory Reform Package Crosses the Finish Line

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More than a year after the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) published proposals to revise several Endangered Species Act (ESA) implementing...more

Nossaman LLP

U.S. Fish and Wildlife Service Issues Proposed Rule to Delist the Gray Wolf

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On March 15, 2019, the U.S. Fish and Wildlife Service (“Service”) issued a proposed rule to remove the gray wolf (Canis lupus) from the List of Endangered and Threatened Wildlife. ...more

Nossaman LLP

Trump Administration Announces Plan to End Gray Wolf Protections

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Acting Secretary of the U.S. Department of the Interior, David Bernhardt, recently announced that the U.S. Fish and Wildlife Service (Service) will publish a proposed rule removing federal protections under the Endangered...more

Holland & Hart LLP

Proposed ESA Revisions—Implications for Energy and Natural Resource Interests

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On July 19, 2018, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS, and collectively with FWS, the Services) announced several proposed changes to the regulations implementing the...more

WilmerHale

Trump Administration Proposes Major Revisions to ESA Regulations

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The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (together, the “Services”) this week published proposed revisions to key portions of the Endangered Species Act’s (the “Act”)...more

Hogan Lovells

U.S. Fish and Wildlife Service proposes significant reform to regulations implementing the Endangered Species Act

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Yesterday, the U.S Fish and Wildlife Service and National Marine Fisheries Service (the Services) proposed in the Federal Register the first major regulatory reforms to the Endangered Species Act (ESA or Act) under the Trump...more

Nossaman LLP

Agencies and Lawmakers Seek ESA Reform

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In recent weeks, the Trump Administration and Congress have proposed changes to the Endangered Species Act (“ESA”) and its implementing regulations. ...more

Nossaman LLP

What Might Justice Kavanaugh Mean for the ESA?

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On July 9, 2018, President Trump nominated Judge Brett Kavanaugh, who currently sits on the U.S. Court of Appeals for the District of Columbia Circuit, to replace retiring Associate Justice Anthony Kennedy on the U.S. Supreme...more

Nossaman LLP

End of the Year Endangered Species Round-Up

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As 2018 approaches, the U.S. Fish and Wildlife Service (“Service”) made a few announcements that will likely impact the list of threatened and endangered species. In these last 11 days of 2017, the Service announced 90-day...more

Nossaman LLP

Administration Announces Comprehensive Revisions to Endangered Species Act Implementing Regulations

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In the Fall 2017 publication of the Unified Agenda of the Office of Information and Regulatory Affairs, the Department of the Interior announced its intent to revise the U.S. Fish and Wildlife Service’s regulations governing...more

Nossaman LLP

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

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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

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