News & Analysis as of June 2, 2025

Supreme Court of the United States › US Fish and Wildlife Service

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

FWS and NMFS Propose to Eliminate Habitat Loss From the Definition of "Harm" Under the ESA: Is This the "Best Meaning" of the ESA?

Foley Hoag LLP - Environmental Law on 4/25/2025

Earlier this week, my colleagues Adam Kahn and Kevin Chen posted about the proposed rule issued by the Fish and Wildlife Service and the National Marine Fisheries Service that would rescind the definition of “harm” under the...more

FWS and NOAA propose to narrow reach of Endangered Species Act

Eversheds Sutherland (US) LLP on 4/18/2025

On April 17, 2025, the US Fish and Wildlife Service and the National Oceanic and Atmospheric Administration published a notice of proposed rulemaking to rescind the definition of “harm” under the Endangered Species Act...more

Agencies Move to Rescind “Harm” Definition under Endangered Species Act

Nossaman LLP on 4/17/2025

On April 17, 2025, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) published a notice in the Federal Register proposing to rescind the Services’ respective...more

California Environmental Law & Policy Update 1.17.25

Allen Matkins on 1/17/2025

On Monday, January 13, 2025, California withdrew requests for Clean Air Act waivers from the U.S. Environmental Protection Agency (EPA) needed to support four recently adopted vehicle emissions regulations: 1) the Advanced...more

Environmental Notes - October 2024

Williams Mullen on 9/26/2024

EPA Proposes Removing Affirmative Defense Provisions from Eighteen Clean Air Act Emission Standards - In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for...more

California Environmental Law & Policy Update 5.31.24

Allen Matkins on 6/3/2024

The U.S. Supreme Court on Tuesday agreed to consider whether federal and state agencies must clearly define limits on wastewater pollution when issuing discharge permits. The high court took up the City of San Francisco’s...more

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

Snell & Wilmer on 3/5/2024

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

Snail Darter/Endangered Species Act Delisting: The Fish that Faced Off Against the Tennessee Valley Authority Is Classified as...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/6/2022

The United States Fish and Wildlife Service (“Service”) issued a pre-Federal Register publication final rule removing the snail darter from the federal Endangered Species Act (“ESA”) List of Endangered and Threatened...more

Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Rule to Rescind Definition for the Term "Habitat"

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/30/2022

On Friday, June 24, 2022, the U.S. Fish & Wildlife Service (the Service) finalized a rule rescinding the regulatory definition of “habitat,” as the term was used in the Endangered Species Act (the Act) and the various...more

Snail Darter/Endangered Species Act DeListing: The Fish that Faced Off Against the Tennessee Valley Authority is Proposed to be...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/2/2021

The United States Fish and Wildlife Service (“Service”) issued a pre Federal Register publication proposing to remove the Snail Darter from the Federal Endangered Species Act (“ESA”) list of endangered and threatened...more

In Review: SCOTUS Environmental and Administrative Decisions in the 2020 Term

Pillsbury - Gravel2Gavel Construction & Real... on 7/15/2021

Several decisions of interest were issued in the 2020 term, which stretched from October 2020 until early July 2021. This review will concentrate on environmental and administrative law cases....more

SCOTUS Won’t Wade Into the Chicken Coop

Nossaman LLP on 6/10/2021

On June 7, 2021, the U.S. Supreme Court (“SCOTUS”) agreed with the Department of Justice and declined to hear a case brought by the Kansas Natural Resource Coalition (Coalition) challenging the U.S. Fish and Wildlife...more

Biden Administration Asks Supreme Court to Reject Challenge to ESA Rule

Nossaman LLP on 6/3/2021

On May 14, 2021, the Department of Justice filed a brief with the Supreme Court arguing that the Court should not hear the case of Kansas Natural Resource Coalition v. Department of Interior (“KNRC”). KNRC is a challenge to a...more

Wildlife Roundup

Holland & Hart LLP on 4/15/2021

The regulation of protected wildlife is likely to undergo a seismic shift as a result of the change in administrations. Whereas the Trump Administration took several actions to narrow the reach of wildlife protection...more

A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege

Pillsbury - Gravel2Gavel Construction & Real... on 3/25/2021

The federal courts have issued some significant environmental law rulings in the past few days. THE U.S. SUPREME COURT - U.S. Fish and Wildlife Service v. Sierra Club, Inc. On March 4, 2021, the court held that the...more

Biden Administration Looks To Recriminalize Accidental Bird Deaths In Traditional And Renewable Energy Sectors

Vinson & Elkins LLP on 3/18/2021

The Biden administration has signaled its intention to recriminalize non-purposeful, or incidental, “takes” of birds under the Migratory Bird Treaty Act (“MBTA”). The longstanding debate over the scope of criminal liability...more

Supreme Court Issues Opinion Expanding the Scope of FOIA Exemption

Snell & Wilmer on 3/16/2021

A common tactic by competitors is to seek adversaries’ (or even supply-chain partners’) data that is maintained by the United States, an individual state, or even municipal governmental agencies. These efforts are meant to...more

U.S. Fish Wildlife Service v. Sierra Club: US Supreme Court Boosts Ability of Agencies to Withhold Draft Documents

WilmerHale on 3/15/2021

On March 4, 2021, the US Supreme Court held that draft biological opinions prepared by the US Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) were subject to the deliberative process privilege...more

Supreme Court Protects Drafts Under Deliberative Process Privilege

Stinson LLP on 3/9/2021

Last week, in Justice Amy Coney Barrett’s first signed opinion, the U.S. Supreme Court expanded the deliberative process privilege under exception 5 of the Freedom of Information Act (FOIA), limiting litigants’ ability to...more

The Supreme Court – March 4, 2021

Dorsey & Whitney LLP on 3/5/2021

Today, the Supreme Court of the United States issued the following two decisions: United States Fish and Wildlife Serv. v. Sierra Club, Inc., No. 19-547: The Sierra Club submitted Freedom of Information Act (“FOIA”)...more

Supreme Court Sides with Agency on Deliberative Process Privilege

Troutman Pepper Locke on 3/5/2021

Today, in U.S. Fish and Wildlife Service et al. v. Sierra Club Inc., Case No. 19-547, the United States Supreme Court struck down a Ninth Circuit Court of Appeals’ ruling that the federal government was required to turn over...more

Supreme Court Decides United States Fish and Wildlife Service et al. v. Sierra Club, Inc.

Faegre Drinker Biddle & Reath LLP on 3/5/2021

On March 4, 2021, the U.S. Supreme Court decided United States Fish and Wildlife Service et al. v. Sierra Club, Inc., holding that the deliberative process privilege exemption in the Freedom of Information Act (FOIA) protects...more

Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Regulatory Definition for the Term "Habitat"

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/22/2020

On Wednesday, December 16, 2020, the U.S. Fish & Wildlife Service (the Service) finalized for the first time a regulatory definition for the term “habitat,” as the term is used in the Endangered Species Act (ESA) and the...more

Proposed Definition of “Habitat” May Endanger the Endangered Species Act

Pillsbury Winthrop Shaw Pittman LLP on 8/28/2020

Comment period on FWS/NMFS proposal will close soon. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have proposed that a definition of “habitat” be added to the Endangered Species Act. The...more

Ninth Circuit Declines to Reinstate Streamlined Water Permitting Process for New Pipelines

Pillsbury Winthrop Shaw Pittman LLP on 6/5/2020

Decision creates difficult permitting challenges for oil and gas pipelines crossing jurisdictional waters. Oil and gas pipelines continue to face difficult permitting challenges as Ninth Circuit declines to revive vacated...more

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Supreme Court of the United States › US Fish and Wildlife Service

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