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
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
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
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
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
The National Marine Fisheries Service (NMFS) recently completed its review of the status of eastern North Pacific harbor seals (Phoca vitulina richardii) in Iliamna Lake, Alaska, a large freshwater lake in Alaska connected to...more
On September 27, 2016, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Agencies) published a final rule that revises the regulations governing the Endangered Species Act’s (ESA) petition process. ...more
The U.S. Fish and Wildlife Service (Service) published a final rule removing the San Miguel Island fox (Urocyon littoralis littoralis), Santa Rosa Island fox (U. l. santarosae), and Santa Cruz Island fox (U. l. santacruzae)...more
The U.S. Fish and Wildlife Service (Service) published an interim rule (pdf) revising its civil procedure regulations for the assessment of civil penalties for violations of various laws and regulations within the Service’s...more
7/1/2016
/ Bald and Golden Eagle Protection Act ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Environmental Violations ,
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 ,
Hunting ,
Interim Rule ,
Lacey Act ,
Penalties ,
US Fish and Wildlife Service
This week, two congressional committees are holding three separate hearings on issues related to the Endangered Species Act (ESA). On April 19, the House Committee on Natural Resources will hold an oversight hearing entitled...more
On March 8, 2016, the U.S. Fish and Wildlife Service (Service) announced proposed revisions to its Mitigation Policy that has guided Service recommendations on mitigating the adverse impacts of development on fish, wildlife,...more
On December 10, 2015, the California Fish and Game Commission (Commission) voted to advance the tricolored blackbird (Agelaius tricolor) as a candidate species for listing under the California Endangered Species Act (CESA). ...more
On November 16, 2015, the U.S. Fish and Wildlife Service (Service) issued a final rule (pdf) removing the Delmarva fox squirrel (Sciurus niger cinereus) from the list of endangered and threatened species. Following its 2012...more
On September 15, 2015, the U.S. Fish and Wildlife Service (Service) published (pdf) its 12-month finding on a petition to list the New England cottontail (Sylvilagus transitionalis) as an endangered or threatened species...more
On April 27, 2015, the Chairman of the House Armed Services Committee, released the text of the National Defense Authorization Act (Act), including language that would ban the U.S. Fish and Wildlife Service (Service) from...more
The National Marine Fisheries Service (Service) recently published its final rule listing five species of sawfish as endangered under the Endangered Species Act (ESA). The final rule contains the Service’s determination that...more