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Rulemaking Process › Incidental Take Permits

Latham & Watkins LLP

Federal Agencies Take Steps to Narrow Application of Endangered Species Act and Migratory Bird Treaty Act

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The Trump administration changes course on regulatory interpretations relating to the scope of protections for endangered and threatened species and migratory birds. ...more

Nossaman LLP

Biden Administration Turns Its Focus on Birds

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In the last few weeks, the U.S. Fish and Wildlife Service (Service) has published several major regulatory actions affecting federal avian protections.  The Service has repealed a Trump-era rule that excluded incidental take...more

Nossaman LLP

USFWS proposes to codify Trump Administration position on MBTA

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Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more

Nossaman LLP

30-year Eagle Take Permit Term Remanded on Procedural Grounds

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On August 11, 2015, the United States District Court for the Northern District of California found that the U.S. Fish and Wildlife Service ("Service") had inappropriately relied on a categorical exclusion under the National...more

Stoel Rives LLP

USFWS to Evaluate New Incidental Take Permitting Program Under the Migratory Bird Treaty Act

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Today, the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register announcing that it intends to prepare a programmatic environmental impact statement to evaluate the effects of a program that...more

Stoel Rives LLP

USFWS Publishes Northern Long-Eared Bat Listing Decision, Opts for Interim 4(d) Rule

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In a long-anticipated move, the U.S. Fish and Wildlife Service (“Service”)has published a final listing decision and interim rule on the northern long-eared bat. The Service listed the northern long-eared bat as threatened...more

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