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Permits US Fish and Wildlife Service

Snell & Wilmer

The Revocation of Florida’s Clean Water Act 404 Permitting Program: What It Means Moving Forward in Light of SCOTUS’ Recent...

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Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more

Adams and Reese LLP

“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

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“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal...more

Lowndes

Florida Applicants in “Regulatory Limbo” after D.C. Court Invalidates Florida’s Section 404 Permitting Authority

Lowndes on

On February 15, 2024, the U.S. District Court for the District of Columbia issued an opinion invalidating the State of Florida’s (State) partial assumption of the Section 404 permitting program under the Clean Water Act...more

Holland & Knight LLP

D.C. Court Vacates Florida's Assumption of the Federal Clean Water Act Permit Program

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The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more

K&L Gates LLP

Taking a New Approach: USFWS Proposes Streamlined Eagle Take Permit Program

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The U.S. Fish and Wildlife Service (USFWS), on 29 September, released a significant rulemaking proposal that seeks to ease the permitting process to authorize incidental take of bald and golden eagles. If finalized, USFWS’s...more

Holland & Hart LLP

U.S. Fish and Wildlife Service Proposes Revisions to Eagle Take Permit Regulations

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On September 30, 2022, the US Fish and Wildlife Service (Service) issued a proposed rule in the Federal Register that would revise the regulations for the eagle take permit program under the Bald and Golden Eagle Protection...more

Lippes Mathias LLP

Potential USFWS Reclassification of The Northern Long-Eared Bat to “Endangered:” What Could This Mean for Developers

Lippes Mathias LLP on

On Wednesday, March 23, 2022, the U.S. Fish and Wildlife Service (USFWS) issued a Notice of Proposed Rulemaking (Proposed Rule) to reclassify the northern long-eared bat (NLEB) from “threatened” to “endangered” under the...more

Perkins Coie

US Fish and Wildlife Service Reinstates MBTA Interpretation and Seeks Input on Take Permitting Scheme

Perkins Coie on

The U.S. Fish and Wildlife Service revoked its January 7, 2021, rule defining the scope of the Migratory Bird Treaty Act as it applies to conduct that results in the injury or death of protected migratory birds. Revocation of...more

Foley Hoag LLP - Environmental Law

Incidental Take Permits Under the Migratory Bird Treat Act — Why Is This So Difficult?

Last week, the Fish and Wildlife Service issued a proposed rule that would revoke the rule promulgated by the Trump Administration in January 2021 and return to the prior status quo, in which the incidental take of birds...more

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

Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

Williams Mullen

Corps’ Nationwide Permits Rule Hits Blue Wall

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The U.S. Army Corps of Engineers published its final rule for the Reissuance and Modification of Nationwide Permits in the waning days of the Trump Administration. The final rule reissues and modifies 12 existing nationwide...more

Woods Rogers

Court Decision Vacating Nationwide Permit 12 Creates Concern for All Nationwide Permits

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On April 15, 2020, the United States District Court for the District of Montana issued a decision in the case of Northern Plains Resource Council v. U.S. Army Corps of Engineers which vacated the Corps of Engineers’...more

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

Utility Line Activities/Clean Water Act: Federal District Court (Montana) Enjoins Nationwide Permit 12

A United States District Court (Montana) (“Court”) addressed in an April 15th decision a challenge to the United States Corps of Engineers’ (“Corps”) issuance of Clean Water Act Nationwide Permit (“NWP”) 12 (Utility Line...more

Nossaman LLP

Federal Court Overturns Nationwide Permit 12, Throws Project Development into Flux

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On April 15, 2020, the U.S. District Court for the District of Montana issued an order that could impact energy and development projects across the United States. ...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #3

Federal Agency Halts All Work on Atlantic Coast Pipeline After Judges Revoke Permits - "The Federal Energy Regulatory Commission sent a letter to Dominion Energy, the company leading construction of the 600-mile pipeline,...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #2

SEC Drops Probe of Exxon's Accounting Practices - "The Securities and Exchange Commission has dropped its probe into whether ExxonMobil misled investors about its knowledge of climate change and the potential effects on...more

Farella Braun + Martel LLP

Revised Eagle “Incidental Take” Permit Regulations Strike a Better Balance

In December 2016, the U.S. Fish and Wildlife Service (Service) issued new regulations that provide an important mechanism for renewable energy, transmission line and other development projects to obtain eagle “incidental...more

Nossaman LLP

U.S. Fish and Wildlife Service Finalizes Eagle Permit Program Revisions, Announces Intent to Prioritize Bald and Golden Eagle...

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On December 16, 2016, the U.S. Fish and Wildlife Service (Service) issued a long-awaited final rule (Rule) revising the regulations that govern the Service’s eagle take permit program (Eagle Permit Program) under the Bald and...more

Nossaman LLP

Court Enjoins Wolf Releases in New Mexico

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The United States District Court for the District of New Mexico issued an opinion and order enjoining the United States from releasing captive-bred wolves within the State of New Mexico without first obtaining importation and...more

Williams Mullen

Environmental Notes - February 2016

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The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more

WilmerHale

Service Proposes to Overhaul 50-Year-Old Regulations for Oil and Gas Development in Wildlife Refuges

WilmerHale on

The U.S. Fish and Wildlife Service (Service) yesterday announced a proposed update to its regulations for oil and gas development in wildlife refuges. The proposed rule, which will be published in the Federal Register today,...more

WilmerHale

Federal Agencies Announce Steps to Expedite Reviews of Infrastructure Projects

WilmerHale on

On September 22, the Administration announced two new policies that will facilitate a more transparent and efficient permitting and review process for complex infrastructure projects. First, federal agencies announced...more

Foley Hoag LLP - Environmental Law

No Short Cuts Allowed: The FWS Must Comply with NEPA Before Extending Programmatic Take Permits to 30 Years

Earlier this month, the Judge Lucy Koh set aside the Fish & Wildlife Service’s decision to extend its programmatic permit for bald and golden eagle takes from five to 30 years. The extension was sought by the wind industry...more

Stoel Rives LLP

The Early Bird Catches the Worm: A Lesson in Submitting Drilling Applications Early to Avoid Expiration of Federal Oil and Gas...

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As many of you know, permitting delays are not only frustrating but can have real consequences for project applicants with contractual deadlines. In the case of a federal oil and gas lease, operators should be mindful of the...more

BakerHostetler

Louisiana Denies Drilling-Related Permit in Scenic Waterway

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Louisiana has denied a permit to an energy company seeking to use water from a state-designated scenic river for its drilling operations. The decision represents the first time in Louisiana’s history that a permit to draw...more

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