News & Analysis as of

Incidental Take Permits Regulatory Agenda

Nossaman LLP

Service Proposes to Overhaul ESA Permitting Regulations

Nossaman LLP on

On February 9, 2023, the U.S. Fish and Wildlife Service (Service) published proposed revisions to its regulations governing incidental take and enhancement of survival permitting under Endangered Species Act (ESA) section 10....more

Nossaman LLP

Department of Interior Takes Steps Toward Reversal of Position on Migratory Birds Protections

Nossaman LLP on

Recently, the Department of the Interior released a pre-publication version of a Federal Register notice delaying the effective date of the Migratory Bird Treaty Act (MBTA) take definitional rule to March 8, 2021, and opening...more

Foley Hoag LLP - Environmental Law

The Trump Administration Provides Another Lesson in How to Lose An Environmental Case

Last week, the 4th Circuit Court of Appeals vacated the Fish and Wildlife Service’s Biological Opinion and Incidental Take Statement for the Atlantic Coast Pipeline. It’s the second time that the Court has rejected the FWS...more

Nossaman LLP

Fish and Wildlife Service Moves to Reclassify Downlist the American Burying Beetle, as Threatened Proposes 4(d) Rule

Nossaman LLP on

On May 3, 2019, the U.S. Fish and Wildlife Service (“Service”) published a proposed rule to downlist the American burying beetle (Nicrophorus americanus) from endangered to threatened....more

Holland & Hart LLP

Proposed ESA Revisions—Implications for Energy and Natural Resource Interests

Holland & Hart LLP on

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

Latham & Watkins LLP

Court Rejects 30 Year Eagle Permit Rule on NEPA Grounds

Latham & Watkins LLP on

On August 11, 2015, the US District Court for the Northern District of California remanded a US Fish & Wildlife Service’s (FWS) 2013 final rule that had extended the maximum duration of eagle take programmatic permits under...more

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