News & Analysis as of

US Fish and Wildlife Service

ArentFox Schiff

Montana Decision Reaffirms That Federal Environmental Laws Require Specific, Record Based Analyses

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Over the past year, both the executive branch and the courts sought to pare back certain stringent aspects of National Environmental Policy Act (NEPA) reviews. However, a decision issued in December 2025 illustrates that...more

Wenning Environmental

USFWS December Review of Refuges, Monuments, and Hatcheries

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U.S. Fish and Wildlife Service (USFWS) Director Brian Nesvik ordered a comprehensive, so-called top-to-bottom review on December 16, 2025, of the nation’s federal wildlife refuges and fish hatcheries....more

Hanson Bridgett

Latest Endangered Species Act Regulations Change Course, Yet Again

Hanson Bridgett on

The U.S. Fish & Wildlife Service and National Marine Fisheries Service proposed four rules on November 19, 2025, significantly changing how agencies apply the Endangered Species Act....more

Brownstein Hyatt Farber Schreck

Federal ESA Rules Face Overhaul—California Prepares to Fill the Gap

As we speed towards 2026, the federal government has taken steps to resuscitate regulations adopted by the first Trump administration related to the implementation of the Endangered Species Act (ESA). The U.S. Fish and...more

Nossaman LLP

ESA Regulations: Consultation

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On November 21, 2025, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the Services) published several proposed rules to revise their regulations implementing certain provisions of the...more

Nossaman LLP

ESA Regulations: Blanket 4(d) Rule

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On November 21, 2025, the U.S. Fish & Wildlife Service and National Marine Fisheries Service (collectively, the Services) published several proposed rules to revise their regulations implementing certain provisions of the...more

Nossaman LLP

ESA Regulations: Critical Habitat Exclusion Analysis

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On November 21, 2025, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the Services) published several proposed rules to revise their regulations implementing certain provisions of the...more

Nossaman LLP

ESA Regulations: Listing and Critical Habitat

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On November 21, 2025, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the Services) published several proposed rules to revise their regulations implementing certain provisions of the...more

Best Best & Krieger LLP

Federal Wildlife Agencies Propose ESA Changes Including Narrowing the Scope of Consultation

On November 21, 2025, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) released four proposed rules revising implementation of the Endangered Species Act (ESA). Two proposed rules...more

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

Endangered Species Act/Proposed Data Center: Center for Biological Diversity Petitions U.S. Fish and Wildlife Service to List...

The Center for Biological Diversity (“CBD”) submitted to the United States Fish and Wildlife Service (“Service”) pursuant to Section 4(b) of the Endangered Species Act (“ESA”) a Petition to protect the Birmingham darter...more

Beveridge & Diamond PC

Proposed ESA Changes Would Restore Key Trump 1.0 Regulations

Beveridge & Diamond PC on

The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) proposed four rules that would modify key Endangered Species Act (ESA) regulations. Two of the proposed...more

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

Endangered Species Act: U.S. Fish and Wildlife Service/National Marine Fisheries Service Issue Four Proposed Rules

The United States Fish and Wildlife Service (“Service”) and National Marine Fisheries Service (“NMFS”) issued on November 19th four proposed Endangered Species Act (“ESA”) rules. To a great extent, the four proposed rules...more

Allen Matkins

Federal Agencies Propose Sweeping Revisions to Endangered Species Act Regulations, Largely Reinstating 2019–2020 Framework

Allen Matkins on

On November 19, 2025, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) released four proposed rules that would comprehensively revise key federal...more

Troutman Pepper Locke

Groundhog Day: Proposed Revisions to ESA Regulations (Mostly) Reinstate the 2019 Rules

Troutman Pepper Locke on

The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) proposed revisions to the Endangered Species Act (ESA) regulations that, if finalized, will generally...more

Holland & Knight LLP

Reversing Course for Endangered Species Act: Administration Proposes ESA Regulatory Amendments

Holland & Knight LLP on

The U.S. Fish and Wildlife Service (FWS) published four proposed rules in the Federal Register on Nov. 21, 2025 – two of which are jointly proposed by the National Marine Fisheries Service (NMFS) – that aim to restore much of...more

Bracewell LLP

FWS and NMFS Unveil New Proposed Revisions to Endangered Species Act Regulations

Bracewell LLP on

Amid ongoing political shifts and court challenges over the last several years, different administrations have promulgated multiple revisions to the Endangered Species Act’s (ESA) core implementing regulations governing ESA...more

Wenning Environmental

Owls And Ethics In The US Pacific Northwest

Wenning Environmental on

The US Senate has rejected legislation halting the U.S. Fish and Wildlife Service (USFWS) Barred Owl Management Strategy (Strategy) set forth in its August 2024 Record of Decision (ROD), which aims to protect endangered...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2025 #3

The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Perkins Coie

California Enacts Increased State Law Protections for Federally Listed Species

Perkins Coie on

California recently enacted Assembly Bill 1319, which provides increased state law protections for federally listed species that may be affected by rollbacks in the protections afforded under federal law. ...more

Allen Matkins

AB 1319 Creates “Provisional Candidate” Protections for Species Facing Reduced Federal ESA Safeguards

Allen Matkins on

On October 11, 2025, Governor Newsom signed Assembly Bill (AB) 1319 into law. AB 1319 creates a swift, state-level response mechanism if Federal Endangered Species Act (FESA) protections are decreased for species native to...more

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

Endangered Species Act/Ozark Shiner: U.S. Fish and Wildlife Service Publishes Decision Not to List as Endangered/Threatened

The United States Fish and Wildlife Service (“Service”) published a September 4th “Notification of Findings” in the Federal Register identifying five species it has determined are not warranted for listing as endangered or...more

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

Southern Hognose Snake/Endangered Species Act: U.S. Fish and Wildlife Service Federal Register Notice Proposing Listing

The United States Fish and Wildlife Service (“Service”) published a proposed rule in the August 29th Federal Register addressing a petition requesting the listing of the Southern Hognose Snake. See 90 Fed. Reg. 42151. The...more

Nossaman LLP

Court of Appeals Affirms Service Decision to Retain Protections for Southwestern Willow Flycatcher

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On August 22, 2025, the United States Court of Appeals for the D.C. Circuit upheld the decision of the U.S. Fish and Wildlife Service (Service) to deny a petition to remove the southwestern willow flycatcher (Empidonax...more

K&L Gates LLP

Department of the Interior Issues Flurry of Actions Targeting Wind and Solar Energy Projects

K&L Gates LLP on

Under Secretary Doug Burgum, the Department of the Interior (DOI) has quickly moved to implement Sections 4 and 5 of President Trump’s 7 July Executive Order 14315 titled “Ending Market Distorting Subsidies for Unreliable,...more

Nossaman LLP

Court Vacates Lesser Prairie-Chicken Listing

Nossaman LLP on

On August 12, 2025, the U.S. District Court for the Western District of Texas (Midland Odessa Division) granted the U.S. Fish and Wildlife Service’s (Service) request to vacate and remand the agency’s final rule (Final Rule)...more

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