News & Analysis as of

Habitat Conservation Plan Endangered Species

Hanson Bridgett

Court Reaffirms Constitution’s Role in Water Use Disputes

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On April 2, 2025, California’s Fifth Appellate District issued a decision in Bring Back the Kern v. City of Bakersfield (April 2, 2025, F087487) (2025 WL 98443). The Court held the “self-executing” reasonableness requirement...more

Allen Matkins

Joshua Tree Conservation Plan Remains Under Review

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The California Fish and Game Commission (Commission) accepted public comment on the draft Western Joshua Tree Conservation Plan (Draft Conservation Plan) at its February 12, 2025 meeting, but no formal action was taken. As...more

ArentFox Schiff

Iconic Monarch Butterfly Designated for Possible Endangered Species Act Protection: Potential Impacts on Agriculture

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On December 12, the US Fish and Wildlife Service (FWS) issued a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act of 1973 (ESA). Endangered and Threatened Wildlife and...more

Vorys, Sater, Seymour and Pease LLP

USFWS lists Monarch Butterfly as Threatened under Endangered Species Act

On December 12, 2024, the U.S. Fish and Wildlife Service (USFWS) proposed listing the monarch butterfly as threatened under the Endangered Species Act (ESA). This proposal includes a 4(d) rule offering species-specific...more

Nossaman LLP

Protections Proposed for Monarch Butterfly

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On December 10, 2024, the U.S. Fish and Wildlife Service (Service) released its long-anticipated listing proposal for the monarch butterfly (Danaus plexippus), along with a proposed critical habitat designation and...more

Brownstein Hyatt Farber Schreck

New CESA Candidate Species Impacts Project Permitting Requirements Throughout California

At its Oct. 9-–10, 2024, meeting in Sacramento, the California Fish and Game Commission (Commission) unanimously voted to make the western burrowing owl a “candidate” species under the California Endangered Species Act...more

Troutman Pepper Locke

California Open to Input on Endangered Species Listing for Burrowing Owl

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The western burrowing owl was just recently elevated to a “candidate species” under the California Endangered Species Act (CESA) by the California Department of Fish and Wildlife (CDFW). As a candidate species, the owl now...more

Nossaman LLP

U.S. Fish and Wildlife Service Issues Final Northern Long-eared Bat and Tricolored Bat Guidance

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On Wednesday, October 23, the U.S. Fish and Wildlife Service (Service) released final guidance and tools (Final Guidance) to assist project proponents with Endangered Species Act (ESA) compliance with respect to the northern...more

Allen Matkins

Commission Grants Burrowing Owls “Candidate” Species Protections Under the California Endangered Species Act

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At its October 10 meeting, the California Fish and Game Commission (the Commission) unanimously found that a petition to list the western burrowing owl (Athene cunicularia hypugaea) as an endangered or threatened species in...more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Listing, Designating Critical Habitat for Kentucky Creekshell

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On September 17, 2024, the U.S. Fish and Wildlife Service (Service) proposed listing the Kentucky creekshell (Villosa ortmanni) as an endangered species under the Endangered Species Act (ESA) and designating critical habitat...more

Stoel Rives - Renewable + Law

U.S. Fish and Wildlife Service Issues Final Rule Affecting Take Permits Under the Endangered Species Act

On April 12, 2024, the U.S. Fish and Wildlife Service (Service) published notice in the Federal Register of a final rule (89 Fed. Reg. 26070) that amends regulations regarding the issuance of enhancement of survival and...more

Nossaman LLP

California’s “Room to Roam Act:” Factoring Wildlife Connectivity Into Land Use Planning

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Recently, the California Assembly passed Assembly Bill 1889, the “Room to Roam Act.” If enacted without changes, the Room to Roam Act would amend Section 65302 of the Government Code to add certain “fish, wildlife, and...more

Nossaman LLP

Dunes Sagebrush Lizard Earns Spot on Endangered Species List

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On May 20, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule listing the dunes sagebrush lizard (Scleroperus arenicolus) (DSL) as endangered (Final Rule) under the Endangered Species Act (ESA). In the...more

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

Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Rule to Revise Criteria for Designating and Delisting Species and...

On Friday, April 5, 2024, the U.S. Fish & Wildlife Service (the “Service”) finalized a rule clarifying the procedures and criteria for listing, reclassifying, and delisting species on the Lists of Endangered and Threatened...more

Nossaman LLP

U.S. Fish and Wildlife Service Updates Permitting Regulations

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Tomorrow, the U.S. Fish and Wildlife Service (Service) will publish its final rule updating regulations implementing section 10 of the Endangered Species Act (Section 10), which addresses the agency’s issuance of incidental...more

Nossaman LLP

Services Finalize Endangered Species Act Regulatory Revisions

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On March 27, 2024, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) made available pre-publication versions of the agencies’ long-awaited updates to...more

Nossaman LLP

Fish and Wildlife Service Increases Civil Penalties for Violations of Federal Wildlife Protection Laws

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On February 2, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule increasing civil monetary penalties for violations of several federal wildlife and natural resource protection laws (Final Rule).  The...more

Farrell Fritz, P.C.

DEC Seeks Feedback by February 17th as it Considers Revamped Freshwater Wetland Regulations

Farrell Fritz, P.C. on

The 2022/2023 State budget included watershed (no pun intended) amendments to the regulations governing New York’s Freshwater Wetlands. It has been published that the changes to the Freshwater Wetlands Act are expected to...more

Nossaman LLP

Resource Optimization and Endangered Species Management

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On December 21, 2023, I published a post on the Center for California Water Resources Policy and Management’s DeltaCurrents blog discussing integration of resource optimization into endangered species policy to improve...more

Nossaman LLP

Unified Agenda Forecasts Proposed and Final Listings and Critical Habitat Designations for Species Found in Eastern States

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As previously reported, on December 6, the Biden Administration published the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), outlining the various regulatory and deregulatory actions the...more

Nossaman LLP

Unified Agenda Forecasts Anticipated Timing of ESA Regulations

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As we have previously reported, on December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda). The Unified Agenda, published twice a year, lists the...more

Nossaman LLP

Western States Will See Species Listings, Critical Habitat Designations According to Unified Agenda

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As we have previously reported, on December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which lists the regulatory and deregulatory actions that...more

Nossaman LLP

Unified Agenda Foretells Species Listings, Critical Habitat Designations for Texas

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On December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which lists the regulatory and deregulatory actions the various federal administrative...more

Nossaman LLP

Service Lists Population of North American Wolverine as Threatened with Interim 4(d) Rule

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On November 30, 2023, the U.S. Fish and Wildlife Service (Service) published a final rule listing a distinct population segment (DPS) of the North American wolverine (Gulo gulo luscas) as a threatened species under the...more

Nossaman LLP

Advocacy Groups Threaten Endangered Species Act Lawsuit Against Virginia Offshore Wind Project

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On November 13, two advocacy organizations submitted a notice of intent to sue the National Marine Fisheries Service (NMFS) and the Bureau of Ocean Energy Management (BOEM). The notice letter alleges that the September 18,...more

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