News & Analysis as of

Weyerhaeuser Company v United States Fish and Wildlife Service Rulemaking Process

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ESA Implementation Thrown Into Flux

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On June 4, 2021, the Biden Administration announced its intent to rescind or revise several implementing regulations for the Endangered Species Act (ESA) finalized under the prior administration. ...more

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USFWS Proposes Rule Codifying “Critical Habitat” Exclusion Analysis

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On September 8, 2020, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule codifying procedures for excluding areas of “critical habitat” under section 4 of the Endangered Species Act (ESA). ESA section...more

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Federal Wildlife Agencies Propose Rule to Define Habitat

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The Departments of Commerce and the Interior (Departments) have completed a proposed rule to define the term “habitat” as that term is used in the context of designating “critical habitat” under section 7(a)(2) of the...more

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