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Marine Mammal Protection Act (MMPA) Endangered Species

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First Circuit Rejects Challenges to Federal Permits for Vineyard Wind 1

In companion rulings favoring offshore wind developers and federal agencies, the First Circuit Court of Appeals recently affirmed rulings issued by the District Court (D. Mass.) and dismissed challenges brought by two...more

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Advocacy Groups File Endangered Species Act Suit Against Virginia Offshore Wind Project

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On March 18, three advocacy organizations and their members filed a lawsuit challenging an offshore wind project against the National Marine Fisheries Service (NMFS) and the Bureau of Ocean Energy Management (BOEM). The...more

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New Jersey Federal Court Dismisses Challenge to Incidental Take Authorizations for Offshore Wind Projects

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On February 29, 2024, the federal District Court for the District of New Jersey dismissed a challenge to eleven incidental take authorizations (ITAs) issued for offshore wind projects off the coasts of New York and New Jersey...more

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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

(ACOEL) | American College of Environmental...

Whales, Lobsters, and the Paradox of Winning Too Much

“We’re gonna win so much, you may even get tired of winning. And you’ll say, ‘Please, please. It’s too much winning. We can’t take it anymore.’” That was what then-candidate Trump promised life would be like in America...more

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Massachusetts Court Rejects Marine Mammal Protection Act Challenge to Vineyard Wind Project

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On Friday, August 4, 2023, the United States District Court for the District of Massachusetts granted summary judgment in favor of the National Marine Fisheries Service (“NMFS”) in the case of Melone v. Coit et al,...more

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2023 Inflation Adjustments to Civil Penalties for Violations of Wildlife Protection Laws Announced

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This January, the Department of the Interior and the Department of Commerce announced updated civil monetary penalties for violations of federal wildlife and natural resource protection laws including the Endangered Species...more

(ACOEL) | American College of Environmental...

Right Whale in the Wrong Place at the Wrong Time

On November 16, 2021, the First Circuit Court of Appeals issued an opinion reversing a district court’s order enjoining the National Marine Fisheries Service (“NMFS”) rule that barred the use of lobster traps with traditional...more

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NMFS Proposes Rule to Reduce North Atlantic Right Whale Entanglements in Fishing Gear

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On December 31, 2020, the National Marine Fisheries Service (“NMFS”) proposed to amend regulations implementing the Atlantic Large Whale Take Reduction Plan (“ALWTRP” or “Plan”) with the stated goal of reducing  the...more

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Court Finds American Lobster Fishery Requires Incidental Take Statement for Impacts on Endangered North Atlantic Right Whale

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As commercial fisheries across the United States continue to adjust operations in the face of new legal requirements, such as the shift from single-species to ecosystem-based management, one challenge in particular has...more

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U.S. Supreme Court Passes on Otter Case with Chevron Implications

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This week, the U.S. Supreme Court denied certiorari in California Sea Urchin Commission v. Combs (“Combs”), Docket No. 17-1636, an appeal from a Ninth Circuit decision regarding endangered Southern sea otters (Enhydra lutris...more

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Endangered Species Case Sparks Chevron Deference Debate

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As the U.S. Supreme Court prepares for its upcoming October 2018 term, one petition concerning an endangered sea otter relocation program is attracting a lot of attention as a potential vehicle for the Court to consider the...more

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U.S. House Passes Bill Allowing Removal of Sea Lions to Protect Endangered Fish Species

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The U.S. House of Representatives recently passed the “Endangered Salmon and Fisheries Predation Prevention Act” (Act) (H.R. 2083), co-sponsored by Rep. Jaime Herrera Beutler (R-WA) and Rep. Kurt Schrader (D-OR), allowing for...more

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Department of the Interior Announces Actions to Expedite Energy Development with Potential Consequences for Listed Species

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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

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