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
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 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
Two noteworthy cases have recently been issued by the Ninth Circuit Court of Appeals and the U.S. District Court for the Northern District of California. The two cases address: (1) the interplay between the Federal...more
2/10/2017
/ Administrative Procedure Act ,
Center for Biological Diversity ,
Chemicals ,
Department of the Interior ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
FIFRA ,
National Marine Fisheries Service ,
Pesticides ,
Privileged Documents ,
US Fish and Wildlife Service
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
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 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 Tuesday, May 26, 2015, the U.S. Court of Appeals for the District of Columbia Circuit rejected the National Association of Home Builders’ and three other associations’ (collectively, NAHB) challenge to separate settlements...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
On April 2, 2015, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the northern long-eared bat (Myotis septentrionalis) as threatened under the Endangered Species Act (ESA). The Service determined...more
Last week, the U.S. Fish and Wildlife Service (Service) published three new rules, continuing its flurry of activity from December.
January 16, 2015 – The Service issued a final rule listing the Mexican wolf (Canis...more
The U.S. Fish and Wildlife Service (Service) recently announced that it is proposing to list the African lion (Pantera leo leo) as threatened under the Endangered Species Act (ESA). The proposed listing is the result of a...more
The U.S. Fish and Wildlife Service (Service) has published a proposed rule to list 21 species as endangered and 2 species as threatened under the Endangered Species Act (ESA). Of the 21 species the Service proposes to list as...more
On Friday, the U.S. Fish and Wildlife Service (Service) issued a final rule revising the critical habitat designation for the contiguous United States distinct population segment (DPS) of the Canada lynx (Lynx canadensis) and...more
The U.S. Fish and Wildlife Service (Service) announced today that it is withdrawing its proposal to list the North American wolverine (Gulo gulo luscus) as threatened under the Endangered Species Act (ESA). The decision to...more