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Court Holds Agency May Not Cure its Failure to Analyze Project’s Potential for Increased Wildfire Risk

In a partially published decision in People ex rel. Bonta v. County of Lake (Oct. 13, 2024, A165677) __ Cal. App. __ [2024 Cal.App. LEXIS 667], the First District Court of Appeal affirmed the trial court’s ruling in favor of...more

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

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

EPA Releases Draft Insecticide Strategy to Reduce Impacts to ESA-listed Species

On July 24, 2024, the Environmental Protection Agency (EPA) published its Draft Insecticide Strategy to Reduce Exposure of Federally Listed Endangered and Threatened Species and Designated Critical Habitats from the Use of...more

Supreme Court Overturns Chevron Deference

On June 28, 2024, in a momentous 6-3 decision upending 40 years of precedent, the U.S. Supreme Court overturned the Chevron doctrine, which required courts to defer to an administrative agency’s reasonable interpretation of...more

National Environmental Policy Act Regulations: Phase 2 – Concluding Thoughts

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

Services Finalize Endangered Species Act Regulatory Revisions

On March 27, 2024, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) made available pre-publication versions of the agencies’ long-awaited updates to...more

CBD Lawsuit Challenges Service’s Failure to Prevent Toxic Pesticides from Harming Endangered Species

On February 1, 2024, the Center for Biological Diversity (CBD) filed an amended complaint (Complaint) in the U.S. District Court of Arizona, alleging the U.S. Fish and Wildlife Service (Service) failed to timely analyze the...more

Western States Will See Species Listings, Critical Habitat Designations According to Unified Agenda

As we have previously reported, on December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which lists the regulatory and deregulatory actions that...more

Service Proposes Listing Two Pond Turtle Species and Short-tailed Snake as Threatened with 4(d) Rules

On October 3, 2023, the U.S. Fish and Wildlife Service (Service) published two proposed rules to list three species—the northwestern pond turtle (Actinemys marmorata), the southwestern pond turtle (Actinemys pallida), and the...more

California Appellate Court Upholds CEQA Greenhouse Gas Emissions Methodology

A recent court decision provides guidance to lead agencies seeking to comply with CEQA requirements related to greenhouse gas (GHG) emissions. In Tsakopoulos Investments, LLC v. County of Sacramento, the Third District Court...more

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