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
This is the final in our series of eAlerts on the Council of Environmental Quality’s (CEQ) Phase 2 revisions to its National Environmental Policy Act (NEPA) regulations, published on May 1, 2024 (Final Rule)....more
This is the fifth in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council for Environmental Quality (CEQ). The Final Rule...more
6/5/2024
/ CEQ ,
Climate Action Plan ,
Climate Change ,
Environmental Assessments ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Final Rules ,
Greenhouse Gas Emissions ,
Infrastructure ,
NEPA ,
Real Estate Development ,
Regulatory Reform
This is the second in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The Final Rule...more
On May 1, 2024, the Council on Environmental Quality (CEQ) published its final Bipartisan Permitting Reform Implementation Rule (Final Rule), that revises regulations implementing the National Environmental Policy Act (NEPA),...more
On March 9, the U.S. Fish and Wildlife Service (Service) issued its 12-month finding that listing Joshua trees (Yucca brevifolia and Y. jaegeriana) as endangered or threatened species under the Endangered Species Act (ESA) is...more
This is the second in a series of eAlerts on proposed revisions to regulations implementing the National Environmental Policy Act (NEPA) issued by the Council on Environmental Quality (CEQ). This Notice of Proposed Rulemaking...more
The U.S. Fish and Wildlife Service (Service) recently announced its finding that three salamander species do not warrant listing as endangered or threatened species under the Endangered Species Act (ESA). ...more
This is the third in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020 by the Council on Environmental Quality (CEQ) (“Final Rule”)....more
Please join our interdisciplinary panel of infrastructure, environmental, real estate and eminent domain attorneys for a discussion on planning, procurement and financing strategies that can be implemented now to support...more
5/26/2020
/ Business Strategies ,
CEQA ,
Construction Industry ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Court Closures ,
Eminent Domain ,
Environmental Litigation ,
Infrastructure ,
NEPA ,
Procurement Guidelines ,
Project Delivery Methods ,
Project Finance ,
Real Estate Development ,
Transportation Industry ,
Webinars
On January 10, 2020, the Council on Environmental Quality (CEQ) proposed amendments to National Environmental Policy Act (NEPA) implementing regulations. The Proposed Rule would represent the first significant overhaul of...more
1/14/2020
/ CEQ ,
Comment Period ,
Deregulation ,
Environmental Assessments ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Environmental Review ,
Executive Orders ,
Infrastructure ,
NEPA ,
Proposed Rules ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Standards ,
Rulemaking Process ,
Surface Transportation ,
Trump Administration
The U.S. District Court for the District of Montana has approved a partial settlement between the Center for Biological Diversity (CBD) and the U.S. Fish and Wildlife Service (Service) requiring that the Service complete and...more
12/17/2019
/ Administrative Review ,
Center for Biological Diversity ,
Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Recovery Plans ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Settlement Agreements ,
US Fish and Wildlife Service
The U.S. Fish and Wildlife Service (Service) and a group of landowners recently settled long-running litigation regarding the Service’s designation of approximately 1,500 acres of private land as critical habitat for the...more
7/19/2019
/ Abuse of Discretion ,
Conservation ,
Critical Habitat ,
Deregulation ,
Endangered Species ,
Environmental Policies ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Regulatory Reform ,
Settlement Agreements ,
US Fish and Wildlife Service
Acting Secretary of the U.S. Department of the Interior, David Bernhardt, recently announced that the U.S. Fish and Wildlife Service (Service) will publish a proposed rule removing federal protections under the Endangered...more
3/13/2019
/ Conservation ,
Delisting ,
Deregulation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Reform ,
Trump Administration ,
US Fish and Wildlife Service
On February 13, 2019, the Fourth District Court of Appeal in Fudge v. City of Laguna Beach (Feb. 13, 2019, G055711) __ Cal.App.5th ___, joined the First and Sixth Districts in holding that the Coastal Commission’s acceptance...more
The U.S. Fish and Wildlife Service (Service) has proposed (pdf) to designate approximately 12.28 acres of critical habitat for the Sonoyta mud turtle (Kinosternon sonoriense longifemorale) in Pima County, Arizona. The...more
The last several days have seen a flurry of activity in the federal courts in matters involving the Endangered Species Act (ESA)...more
10/3/2018
/ Appeals ,
Conservation ,
Critical Habitat ,
Delisting ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Final Rules ,
Habitat Conservation Plan ,
Native American Issues ,
Tribal Governments ,
Tribal Lands ,
US Fish and Wildlife Service ,
Vacated ,
Weyerhaeuser Company v United States Fish and Wildlife Service
The U.S. House of Representatives recently passed the “Endangered Salmon and Fisheries Predation Prevention Act” (Act) (H.R. 2083), co-sponsored by Rep. Jaime Herrera Beutler (R-WA) and Rep. Kurt Schrader (D-OR), allowing for...more
On April 2, 2018, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court order directing that the National Marine Fisheries Service (NMFS), U.S. Army Corps of Engineers (Corps) and U.S. Bureau of...more
4/10/2018
/ Appeals ,
Bureau of Reclamation ,
Conservation ,
Dams ,
Endangered Species ,
Energy Sector ,
Environmental Policies ,
ESA Listings ,
National Marine Fisheries Service ,
Navigable Waters ,
Salmon ,
US Army Corps of Engineers
In a recent decision, the U.S. Court of Appeals for the Ninth Circuit affirmed that the U.S. Fish and Wildlife Service’s (Service) permit allowing take of the barred owl (Strix varia) to protect the threatened Northern...more
On December 8, 2017, the Ninth Circuit Court of Appeals unanimously rejected two challenges to the 20-mile South Mountain Freeway Project in Phoenix, Arizona. The decision is the latest in a series of court decisions...more
12/13/2017
/ Air Quality Standards ,
Appeals ,
Construction Industry ,
Construction Project ,
Department of Transportation (DOT) ,
Federal Highway Administration ,
Highways ,
Infrastructure ,
NEPA ,
Public Projects ,
Regional Transportation Planning ,
Roads ,
State and Local Government ,
Urban Planning & Development
The U.S. Fish and Wildlife Service (Service) has requested public comment on its revised Mitigation Policy and the Endangered Species Act Compensatory Mitigation Policy (ESA-CMP)....more
On August 9, 2017, the National Marine Fisheries Service (NMFS) issued a 12-month finding on a petition to list the Pacific bluefin tuna (Thunnus orientalis) as an endangered or threatened species under the Endangered Species...more
On May 31, 2017, the National Marine Fisheries Service (NMFS) issued proposed revised guidance for the development of recovery plans as required by the Endangered Species Act (ESA). The proposal is aimed at prioritizing...more
On March 29, 2017, the U.S. Court of Appeals for the Tenth Circuit held that Congress has authority under the Commerce Clause to regulate the take of the Utah prairie dog (Cynomys parvidens). Because Congress has this...more