News & Analysis as of

Takings Clause Bald and Golden Eagle Protection Act

Latham & Watkins LLP

US Court of Appeals Affirms District Court Judgment Upholding Federal Approval of Tule Wind Project on NEPA, Migratory Bird Act,...

Latham & Watkins LLP on

On June 6, 2016, in Backcountry Against Dumps et al. v. Jewell et al., the US Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court for the Southern District of California upholding federal...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

Nossaman LLP

30-year Eagle Take Permit Term Remanded on Procedural Grounds

Nossaman LLP on

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

Beveridge & Diamond PC

Avoiding NEPA – Even for “Worthy Goals” – Is Never Advisable

Beveridge & Diamond PC on

From the very first day of my legal career, clients have asked me some variation of this question: “Why can’t we just prepare a shorter Environmental Assessment (EA) or even issue a Categorical Exclusion (no analysis at all)...more

Stoel Rives LLP

Court Invalidates 30-Year Permit Provisions of U.S. Fish and Wildlife Service’s Eagle Permit Rule on NEPA Grounds

Stoel Rives LLP on

As we discussed in a post from May 2014, the American Bird Conservancy (“ABC”) in 2014 filed a lawsuit challenging the U.S. Fish and Wildlife Service’s (“USFWS”) 2013 revisions to its eagle permit rule, alleging violations of...more

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