In a notable decision interpreting the California Endangered Species Act (CESA), a California court of appeal ruled that insects are eligible for listing as threatened, endangered, or candidate species under the act. See...more
Land Use and Development Case Summaries (short form) -
1. PLANNING AND ZONING -
CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY,
26 Cal. App. 5th 689 (2018) -
Based on the language and...more
1/29/2019
/ Anti-SLAPP ,
Appeals ,
Building Permits ,
Building Standards ,
CA Supreme Court ,
California Coastal Commission ,
CEQA ,
Clean Water Act ,
Coastal Real Estate ,
Density Bonus ,
Discharge of Pollutants ,
Endangered Species ,
Environmental Impact Report (EIR) ,
Exemptions ,
Fully Protected Species ,
General Plan ,
Homeowners ,
Housing Developers ,
Housing Market ,
Impact Fees ,
Land-Use Permits ,
Legislative Agendas ,
Migratory Bird Treaty Act (MBTA) ,
Mitigated Negative Declaration ,
New Legislation ,
Property Owners ,
Real Estate Development ,
Referendums ,
Regulatory Takings ,
School Districts ,
State and Local Government ,
Subdivision Map Act ,
Sustainability ,
Traffic Impact Assessments ,
Urban Planning & Development ,
Waters of the United States ,
Wetlands ,
Zoning Laws
The California Department of Fish and Wildlife and the California attorney general have jointly issued an advisory regarding California’s state law protections for migratory birds. The three-page advisory affirms that...more
The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) published three proposed rules last week that would revise the regulations implementing portions of the...more
The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of...more
The Supreme Court of California recently ruled that under the California Endangered Species Act (CESA), plaintiffs may use a delisting petition, supported by new evidence, to challenge a prior decision by the California Fish...more
The U.S. Fish and Wildlife Service has formally approved the long-awaited, 30-year eagle take rule, which will allow renewable energy companies and other developers of large projects to obtain a 30-year permit (as opposed to...more
The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37041 on January 10, 2017, arguing that incidental take is prohibited under the Migratory Bird Treaty Act (MBTA). The solicitor’s opinion was...more
The U.S. Court of Appeals for District of Columbia Circuit recently held that the U.S. Fish and Wildlife Service violated the National Environmental Policy Act by approving an Ohio wind energy project without looking at all...more
8/31/2016
/ Appeals ,
Clean Energy ,
Endangered Species ,
Endangered Species Act (ESA) ,
Energy Sector ,
Incidental Take Permits ,
NEPA ,
Popular ,
Renewable Energy ,
US Fish and Wildlife Service ,
Wind Power
On May 6, 2016, the Fish and Wildlife Service (FWS or Service) published a proposed rule (Proposed Rule) that would substantially change how the Service administers its conservation and management program under the Bald and...more
The United States Fish and Wildlife Service determined on October 5, 2015 that the Sonoran Desert Tortoise, found primarily in Arizona, does not qualify as either an endangered or threatened species under the Endangered...more
On August 11, 2015, the U.S. District Court for the Northern District of California struck down the U.S. Fish and Wildlife Service’s so-called “30-Year Rule,” which had extended from 5 years to 30 years the duration of...more
8/18/2015
/ Bald and Golden Eagle Protection Act ,
Conservation ,
Department of the Interior ,
Endangered Species ,
Endangered Species Act (ESA) ,
Energy Sector ,
Environmental Assessments ,
Environmental Impact Report (EIR) ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Renewable Energy ,
State Department of Fish and Wildlife ,
Wind Power