News & Analysis as of

Wetlands Conservation

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

Agricultural Conservation Easements: USDA Natural Resources Conservation Service Announces Year 2025 Funding

The United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) issued a September news release announcing funding for the Agricultural Conservation Easement Program (“ACEP”) for fiscal year 2025....more

Harris Beach PLLC

Public Hearings Set for Changes to New York’s Freshwater Wetlands Act

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Public hearing dates have been set to discuss the January 1, 2025, rule changes affecting freshwater wetlands jurisdiction and classification in New York. The hearings will be held virtually on WebEx at 1:00 p.m. and 6:00...more

Allen Matkins

California Environmental Law & Policy Update - 6.30.23

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Federal officials on Wednesday announced $52 million in new funding for the U.S. Environmental Protection Agency (EPA) to perform two dozen projects around San Francisco Bay to restore wildlife, expand wetlands, and reduce...more

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

Wetland Reserve Enhancement Partnership/U.S. Department of Agriculture: Natural Resources Conservation Service Announces Funding...

The United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) announced on May 11th that it was investing $17 million in five Wetland Reserve Enhancement Partnership (“WREP”) projects....more

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

Wetlands/Swampbuster Act: Federal Court Addresses Constitutional/Certification Challenges

The United States District Court for the Southern District of South Dakota (“Court”) addressed in a July 2022 Opinion issues arising out of the application of the Swampbuster Act. See Foster v. USDA, No. 4:21-CV-0408-RAL...more

Mintz

There once was a coastal resiliency project on Nantucket . . . A cautionary tale.

Mintz on

Yesterday the Sconset Beach Preservation Fund announced it would comply with a Nantucket Conservation Commission enforcement order and remove a ”soft” coastal bank stabilization project it had constructed on the eastern bluff...more

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

Alleged Impairment of Water Rights/Wetland Conservation Sites: Federal District Court Addresses Application of Sovereign Immunity...

A United States District Court (Eastern District, Washington) (“Court”) addressed in an October 11th Order in the context of a Motion to Dismiss whether the doctrine of sovereign immunity applied to an oversight activity...more

Mintz

The Supreme Judicial Court's ruling for the City of Boston will reach many places other than Long Island

Mintz on

Until today someone appealing a decision by a local conservation commission under both the Massachusetts wetlands protection act and a local wetland protection bylaw had to appeal the decision under the Massachusetts law to...more

Nossaman LLP

U.S. Fish & Wildlife Service Proposes Listing Bog Buck Moth as Endangered

Nossaman LLP on

On October 14, 2021, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to list the bog buck moth (Hemileuca maia menyanthevora) (= H.iroquois) as endangered under the Endangered Species Act (ESA)....more

Pierce Atwood LLP

Mass. High Court: Three-Year Clock for Wetlands Protection Act Enforcement Actions Re-Starts With Every Sale of Property

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The Massachusetts Supreme Judicial Court (SJC) recently handed a victory to a conservation commission seeking to impose an enforcement order on a property owner who bought land containing unauthorized fill placed there by a...more

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

National Wetland Plant List: U.S. Army Corps of Engineers Public Notices 2019 Revisions

The United States Army Corps of Engineers (“Corps”) published a June 10th Notice to the Federal Register announcing the availability of the final 2019 National Wetland Plant List (“NWPL”). See 84 Fed. Reg. 26824. ...more

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

American Electric Power/Conservation Fund/U.S. Fish And Wildlife Service Partnership: Wetlands/Forestland Added to the Catahoula...

The Conservation Fund, American Electric Power, and the United States Fish and Wildlife Service (collectively “Organizations”) issued a news release announcing the addition of 4,113 acres of Louisiana wetlands and forestland...more

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

National Resource Conservation Service Wetland Conservation Compliance Interim Rule: February 5th Association of State Wetland...

he Association of State Wetland Managers (“ASWM”) submitted February 5th comments to the United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) addressing the Wetland Conservation Compliance...more

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

Highly Erodible Land Conservation and Wetland Conservation Compliance Provisions: U.S. Department of Agriculture Interim...

On Friday December 7, 2018, the United States Department of Agriculture (USDA) published in the Federal Register an interim rule for the Highly Erodible Land Conservation and Wetland Conservation Compliance regulations of the...more

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

2018 Society of Wetland Scientists/South Central Chapter Fall Meeting: October 10-12/North Little Rock, Arkansas

The South Central Chapter of the Society of Wetland Scientists will hold its Fall 2018 meeting (“Meeting”) on October 10th-12th. The Meeting will be held in North Little Rock, Arkansas....more

Beveridge & Diamond PC

Conservation Commission Retains Authority to Regulate under Stricter Local Law Despite MassDEP Superseding Order of Conditions

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The Massachusetts Appeals Court recently held that a Superseding Order of Conditions issued by the MassDEP under the Wetlands Protection Act (WPA) does not divest a municipal Conservation Commission from all authority to...more

Beveridge & Diamond PC

Local Wetlands Bylaw Decision Survives Pre-emption Challenge

The Massachusetts Appeals Court has again upheld the validity of a local conservation commission’s ruling under a local wetlands bylaw notwithstanding that the commission’s partial reliance on the State Wetland Protection Act...more

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