Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape...more
Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape...more
8/1/2024
/ Bald and Golden Eagle Protection Act ,
Clean Water Act ,
Endangered Species Act (ESA) ,
Energy Projects ,
Environmental Policies ,
Federal Land ,
Greenhouse Gas Emissions ,
Natural Resources ,
NEPA ,
Permits ,
Webinars
On September 30, 2022, the U.S. Fish and Wildlife Service (Service) published a proposed rule to amend its eagle permit regulations (Proposed Rule) administered in accordance with the Bald and Golden Eagle Protection Act...more
From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more
9/14/2022
/ Bald and Golden Eagle Protection Act ,
Biden Administration ,
Clean Water Act ,
Climate Change ,
Conservation ,
Environmental Litigation ,
Environmental Policies ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Permits ,
Regulatory Requirements ,
US Army Corps of Engineers
On September 14, 2022, the U.S. Fish and Wildlife Service (Service) published a proposed rule to list the tricolored bat (Perimyotis subflavus) (TRBA) as an endangered species under the Endangered Species Act (ESA). The TRBA...more
From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more
8/12/2022
/ Bald and Golden Eagle Protection Act ,
Biden Administration ,
Clean Water Act ,
Climate Change ,
Conservation ,
Continuing Legal Education ,
Environmental Litigation ,
Environmental Policies ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Permits ,
Regulatory Requirements ,
US Army Corps of Engineers ,
Webinars
The U.S. Fish and Wildlife Service (Service) has announced its proposal to list the northern long-eared bat (Myotis septentrionalis) (NLEB) as endangered under the Endangered Species Act (ESA) (Proposed Rule). While Service...more
On December 10, 2021, the Biden Administration released the Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which is a semi-annual compilation of information concerning regulations and policy...more
12/21/2021
/ Biden Administration ,
Conservation ,
Critical Habitat ,
Department of the Interior ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
Nationwide Permits (NWPs) ,
NEPA ,
Regulatory Agenda ,
Regulatory Reform ,
US Fish and Wildlife Service
On November 18, 2021, The Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced the availability of a pre-publication version of a proposed rule (Proposed Rule) to amend the definition of Waters...more
12/2/2021
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In the last few weeks, the U.S. Fish and Wildlife Service (Service) has published several major regulatory actions affecting federal avian protections. The Service has repealed a Trump-era rule that excluded incidental take...more
10/8/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bald and Golden Eagle Protection Act ,
Biden Administration ,
Comment Period ,
Endangered Species ,
Environmental Policies ,
Incidental Take Permits ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
Oil & Gas ,
Regulatory Reform ,
Rulemaking Process ,
US Fish and Wildlife Service
On August 18, 2021, the U.S. Fish and Wildlife Service (“Service”) published in the Federal Register a final rule designating more than 1,315 acres across 14 units as critical habitat (“Final Rule”) for two neotenic...more
8/27/2021
/ Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Final Rules ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Rulemaking Process ,
US Fish and Wildlife Service
Today, the U.S. Fish and Wildlife Service (“Service”) published in the Federal Register a proposal to list six Central Texas mussel species under the Endangered Species Act (“ESA”), to issue an ESA section 4(d) rule for one...more
On August 11, 2021, the U.S. Court of Appeals for the Ninth Circuit granted partial vacatur of an appeal brought by the U.S. Army Corps of Engineers (Corps) challenging a district court decision to vacate and enjoin use of...more
8/16/2021
/ Critical Habitat ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Keystone XL Pipeline ,
Motion To Enjoin ,
Nationwide Permits (NWPs) ,
Oil & Gas ,
Pipelines ,
Section 7 ,
US Army Corps of Engineers ,
Vacatur ,
Waters of the United States
On June 29, 2021, fourteen members of Congress delivered a letter to Secretary of the Interior Deb Haaland, urging the U.S. Fish and Wildlife Service (Service) to use its authority to list the monarch butterfly (Danaus...more
Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more
6/15/2021
/ Biden Administration ,
Clean Water Act ,
Climate Change ,
Construction Industry ,
Criminal Liability ,
Delays ,
Electricity ,
Endangered Species Act (ESA) ,
Energy Projects ,
Energy Sector ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Executive Orders ,
Guidance Documents ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
Nationwide Permits (NWPs) ,
NEPA ,
Oil & Gas ,
Pipelines ,
Regulatory Requirements ,
Rescission ,
Revocation ,
Risk Management ,
Transmission Lines ,
Transportation Industry ,
Waters of the United States ,
Zoning Laws
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
6/10/2021
/ Article III ,
Congressional Review Act ,
Conservation ,
Denial of Certiorari ,
Department of the Interior ,
Endangered Species ,
Environmental Policies ,
ESA Listings ,
Injury-in-Fact ,
Judicial Review ,
Rulemaking Process ,
SCOTUS ,
Standing ,
US Fish and Wildlife Service
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
6/8/2021
/ Conservation ,
Critical Habitat ,
Delisting ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Rulemaking Process ,
US Fish and Wildlife Service ,
Weyerhaeuser Company v United States Fish and Wildlife Service
The U.S. Fish and Wildlife Service (USFWS) has announced the next chapter in the lesser prairie chicken’s (Tympanuchus pallidicinctus) (LEPC) tumultuous listing history. On May 26, 2021 the USFWS announced that it will...more
Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more
5/26/2021
/ Biden Administration ,
Clean Water Act ,
Climate Change ,
Construction Industry ,
Continuing Legal Education ,
Criminal Liability ,
Delays ,
Electricity ,
Endangered Species Act (ESA) ,
Energy Projects ,
Energy Sector ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Executive Orders ,
Guidance Documents ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
Nationwide Permits (NWPs) ,
NEPA ,
Oil & Gas ,
Pipelines ,
Regulatory Requirements ,
Rescission ,
Revocation ,
Risk Management ,
Transmission Lines ,
Transportation Industry ,
Waters of the United States ,
Webinars ,
Zoning Laws
On May 5, 2021, the U.S. Fish and Wildlife Service (“USFWS”) published its updated collision risk model (“CRM”) for bald and golden eagles at wind energy facilities. The CRM is a complex Bayesian model the USFWS has endorsed...more
On May 7, 2021, the U.S. Fish and Wildlife Service (USFWS), as many anticipated, published a proposed rule to revoke a Trump Administration rule impacting the scope of the Migratory Bird Treaty Act (MBTA). The Trump...more
The first 100 days of a new administration can define what lies ahead for the next four years. On April 15, 2021, a panel of Nossaman Environment & Land Use attorneys from across the U.S. reviewed and evaluated the Biden...more
The first 100 days of a new administration can define what lies ahead for the next four years. Join our panel of Nossaman Environment & Land Use attorneys from across the U.S. on April 15, 2021 from 11:00 a.m. – 12:30 p.m. PT...more
3/30/2021
/ Biden Administration ,
CEQ ,
Climate Change ,
Continuing Legal Education ,
Department of the Interior ,
Department of Transportation (DOT) ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Review ,
Legislative Agendas ,
Natural Resources ,
NEPA ,
Regulatory Agenda ,
Renewable Energy ,
Webinars ,
Wildlife Protection
On January 20, 2021, President Biden announced his administration will review regulatory actions taken between January 17, 2020 and January 20, 2021 in accordance with an Executive Order titled “Protecting Public Health and...more
1/22/2021
/ Biden Administration ,
Climate Change ,
Critical Habitat ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Executive Orders ,
Migratory Bird Treaty Act (MBTA) ,
Navigable Waters ,
NEPA ,
Regulatory Reform ,
US Fish and Wildlife Service
On January 7, 2021, U.S. Fish and Wildlife Service (USFWS) published a final rule limiting the scope of the Migratory Bird Treaty Act (MBTA)’s prohibition on the take of migratory birds....more