News & Analysis as of

Conservation

Nossaman LLP

U.S. Fish and Wildlife Service Issues Final Northern Long-eared Bat and Tricolored Bat Guidance

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On Wednesday, October 23, the U.S. Fish and Wildlife Service (Service) released final guidance and tools (Final Guidance) to assist project proponents with Endangered Species Act (ESA) compliance with respect to the northern...more

Schwabe, Williamson & Wyatt PC

Alaska Challenges BLM’s New Public Lands Rule in Court

Under the Bureau of Land Management’s recently promulgated Conservation and Landscape Health Rule, 43 C.F.R. §§ 6100-6103.2, the BLM must seek to achieve “ecosystem resilience,” which encapsulates an ecosystem’s ability to...more

Paul Hastings LLP

Annual Update to NRD Programs in All 50 States and Puerto Rico Published

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The 18th annual edition of the “NRD State Guide” has now been published . For nearly two decades, this Guide has provided companies, private practitioners, government officials, and researchers with a comprehensive overview...more

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Concentrated Animal Feeding Operations/Clean Water Act: U.S. Environmental Protection Agency Letter Response to Conservation Law...

The United Stated Environmental Protection Agency (“EPA”) transmitted a September 9th letter to the Vermont Agency of Natural Resources (“Vermont”) addressing a Joint Petition from: Conservation Law Foundation....more

Bowditch & Dewey

Massachusetts Appeals Court Makes Clear in ‘Town versus Gown’ Controversy that “Public Dedication Doctrine Is Not Intended to...

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Ending four years of litigation in consolidated cases filed by the Nahant Preservation Trust, Inc. (“Nahant”) and Northeastern University (“Northeastern” or “the University”), the Massachusetts Appeals Court determined that...more

Allen Matkins

Commission Grants Burrowing Owls “Candidate” Species Protections Under the California Endangered Species Act

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At its October 10 meeting, the California Fish and Game Commission (the Commission) unanimously found that a petition to list the western burrowing owl (Athene cunicularia hypugaea) as an endangered or threatened species in...more

Nossaman LLP

Room to Roam Act Becomes Law

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On September 27, 2024, Governor Gavin Newsom signed California Assembly Bill 1889, the “Room to Roam Act.” The Act amends Section 65302 of the Government Code to add certain fish, wildlife, and habitat connectivity...more

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

Reduction of Exposure of Vulnerable Federally Listed Endangered/Threatened Species from the Use of Conventional Pesticides: U.S....

The United States Environmental Protection Agency (“EPA”) has issued a September 2024 document titled: Action Plan to Reduce Exposure of Vulnerable Federally Listed Endangered and Threatened Species from the Use of...more

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

U.S. Department of Agriculture: Notice Suspends Conservation Reserve Program Enrollment as Farm Bill Process Remains Stagnant

On September 25, 2024, USDA’s Acting Deputy Administrator of Farm Programs issued a Notice to all Farm Service Agency (FSA) State and County Offices, directing them to cease processing and/or approving offers of enrollment or...more

BakerHostetler

More PFAS Definitions, More Problems - Using PFAS Definitions to Avoid Pitfalls in Compliance, Contracting, Insurance Coverage and...

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There’s no shortage of laws or regulations governing per- and polyfluoroalkyl substances (PFAS). But how PFAS are defined across federal and state programs is far from consistent....more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Listing, Designating Critical Habitat for Kentucky Creekshell

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On September 17, 2024, the U.S. Fish and Wildlife Service (Service) proposed listing the Kentucky creekshell (Villosa ortmanni) as an endangered species under the Endangered Species Act (ESA) and designating critical habitat...more

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

Holland & Knight LLP

COP16 en Colombia: El Futuro de la Biodiversidad

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En este episodio de "A Lo Legal En Par Minutos", nuestro socio Edwin Cortés habla con José Vicente Zapata, socio del área de energía, sobre el próximo evento COP16 en Colombia, que se enfocará en la biodiversidad y el medio...more

Nossaman LLP

Federal Court Orders Re-do of Golden-Cheeked Warbler Petition Review

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On September 5, 2024, the U.S. District Court for the Western District of Texas held in General Land Office v. U.S. Department of the Interior, that the U.S. Fish and Wildlife Service (Service) improperly denied a petition to...more

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

Migratory Birds/Commercial Buildings: Center for Biological Diversity Petitions U.S. Fish and Wildlife Service to Set Up...

The Center for Biological Diversity (“CBD”) and 27 other bird and wildlife conservation organizations from 23 states submitted a Petition to the United States Fish and Wildlife Service (“Service”) styled: Petition for...more

Nossaman LLP

Group Seeks Permitting Requirement for Bird Deaths at Commercial Buildings

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On September 4, 2024, the Center for Biological Diversity, along with more than 20 other groups, (collectively, CBD) delivered a petition (Petition) to the U.S. Fish and Wildlife Service (Service) in which CBD requested the...more

Holland & Knight LLP

Congreso de Colombia expide ley que declara al Río Ranchería como sujeto de derechos

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El Congreso de la República de Colombia aprobó el pasado 8 de agosto la Ley 2415 de 2024, por medio de la cual se declaró el Río Ranchería como sujeto de derechos, reconociéndole al río los derechos de conservación,...more

Beveridge & Diamond PC

USDA Seeks Public Input on Implementing Public-Private Conservation Partnerships

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On August 16, 2024, the U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) issued a Request for Information (RFI) seeking input on its formulation of processes, priorities, and criteria for...more

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

Understanding the Farm Bill's Conservation Program Contracts and Regulations

For most, the Farm Bill is understood to provide a safety net for the nation’s agricultural producers and a nutrition-assistance program for the nation’s most vulnerable. This understanding is generally correct; the Farm...more

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

Northwest Arkansas Land Trust/Ozark Natural Science Center: Partnership Announced to Enhance Educational Opportunities at the...

The Northwest Arkansas Land Trust (“Trust”) issued an August 5th news release stating that it had entered into a partnership with the Ozark Natural Science Center (“Center”). The stated purpose of the partnership is to...more

King & Spalding

CO2 Exports in Asia Pacific: Japan’s Approval of the 2009 Amendment to the London Protocol

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In this Alert, we review the impact of the recent acceptance by the Japan Diet of the 2009 Amendment to the London Protocol. Acceptance of the Amendment provides a critical enabler for the export of CO2 from Japan for...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

Beveridge & Diamond PC

New York Issues Policy for Assessing Impacts of Permits on Disadvantaged Communities

As part of its ongoing climate policy and environmental justice efforts, the New York State Department of Environmental Conservation (NYSDEC) recently issued policy guidance intended to ensure that the agency’s permitting...more

Nossaman LLP

Service Lists Suwannee Alligator Snapping Turtle as Threatened with a 4(d) Rule

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On June 27, 2024, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the Suwannee alligator snapping turtle (Macrochelids suwanniensis) as a threatened species with a 4(d) rule under the Endangered...more

Womble Bond Dickinson

FDA Updates Guidance on Intentional Genomic Alterations in Animals

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Intentional genomic alterations (IGAs) in animals refer to deliberate changes made to the genetic material of animals. These alterations are designed to introduce, remove or modify specific traits in animals for various...more

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