On September 5, 2024, the U.S. District Court for the Western District of Texas held in General Land Office v. U.S. Department of the Interior, that the U.S. Fish and Wildlife Service (Service) improperly denied a petition to...more
On September 4, 2024, the Center for Biological Diversity, along with more than 20 other groups, (collectively, CBD) delivered a petition (Petition) to the U.S. Fish and Wildlife Service (Service) in which CBD requested the...more
On May 20, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule listing the dunes sagebrush lizard (Scleroperus arenicolus) (DSL) as endangered (Final Rule) under the Endangered Species Act (ESA). In the...more
Tomorrow, the U.S. Fish and Wildlife Service (Service) will publish its final rule updating regulations implementing section 10 of the Endangered Species Act (Section 10), which addresses the agency’s issuance of incidental...more
4/11/2024
/ Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Final Rules ,
Habitat Conservation Plan ,
Incidental Take Permits ,
Infrastructure ,
Regulatory Oversight ,
US Fish and Wildlife Service
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 the various federal administrative...more
12/12/2023
/ Conservation ,
Critical Habitat ,
Delisting ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Final Rules ,
Habitat Conservation Plan ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Texas ,
US Fish and Wildlife Service
On February 9, 2023, the U.S. Fish and Wildlife Service (Service) published proposed revisions to its regulations governing incidental take and enhancement of survival permitting under Endangered Species Act (ESA) section 10....more
2/16/2023
/ Comment Period ,
Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Habitat Conservation Plan ,
Incidental Take Permits ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
US Fish and Wildlife Service
On November 16, 2022, the U.S. District Court for the Northern District of California (District Court) remanded three sets of Endangered Species Act (ESA) regulations promulgated in 2019 under the Trump Administration back to...more
11/18/2022
/ Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
Regulatory Oversight ,
Regulatory Reform ,
Remand ,
US Fish and Wildlife Service
On October 25, 2022, the Center for Biological Diversity (CBD) sued the U.S. Fish and Wildlife Service (Service) over the agency’s failure to timely finalize a proposed rule to list the lesser prairie-chicken (Tympanuchus...more
On September 21, 2022, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) stayed a July 5, 2022 order of the U.S. District Court for the Northern District of California (District Court) vacating several...more
From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more
9/14/2022
/ Bald and Golden Eagle Protection Act ,
Biden Administration ,
Clean Water Act ,
Climate Change ,
Conservation ,
Environmental Litigation ,
Environmental Policies ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Permits ,
Regulatory Requirements ,
US Army Corps of Engineers
On August 25, 2022, the U.S. Fish and Wildlife Service (Service) filed a stipulated settlement agreement (Agreement) in a case challenging the agency’s failure to timely make a 12-month finding on a petition to list the dunes...more
8/29/2022
/ Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Rulemaking Process ,
Settlement Agreements ,
US Fish and Wildlife Service
From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more
8/12/2022
/ Bald and Golden Eagle Protection Act ,
Biden Administration ,
Clean Water Act ,
Climate Change ,
Conservation ,
Continuing Legal Education ,
Environmental Litigation ,
Environmental Policies ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Permits ,
Regulatory Requirements ,
US Army Corps of Engineers ,
Webinars
On May 19, 2022, the Center for Biological Diversity (CBD) filed a lawsuit in the U.S. District Court for the District of New Mexico, challenging the U.S. Fish and Wildlife Service’s (Service) failure to make a timely...more
On May 16, 2022, the U.S. District Court for the Northern District of California overturned the U.S. Fish and Wildlife Service’s (Service) March 31, 2020 withdrawal (2020 Withdrawal) of a proposed Endangered Species Act (ESA)...more
The U.S. Fish and Wildlife Service (Service) has announced its proposal to list the northern long-eared bat (Myotis septentrionalis) (NLEB) as endangered under the Endangered Species Act (ESA) (Proposed Rule). While Service...more
On February 16, 2022, a California state court upheld protections afforded the western Joshua tree (Yucca brevifolia) under the California Endangered Species Act (CESA). The ruling came in connection with a lawsuit filed by...more
On February 8, 2022, the U.S. Fish and Wildlife Service (Service) published findings on several petitions to list species under the Endangered Species Act (ESA), some of which have been highly anticipated....more
On January 12, 2022, the General Land Office of Texas (GLO) filed a lawsuit in the U.S. District Court for the Western District of Texas, challenging the U.S. Fish and Wildlife Service’s (Service) July 27, 2021 negative...more
1/20/2022
/ Appeals ,
Arbitrary and Capricious ,
Conservation ,
Critical Habitat ,
Delisting ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Reversal ,
US Fish and Wildlife Service
On December 22, 2021, the U.S. Fish and Wildlife Service (Service) proposed to list the cactus ferruginous pygmy owl (Glaucidium brasilianum cactorum) (Owl) as threatened under the Endangered Species Act (ESA) primarily due...more
12/29/2021
/ Climate Change ,
Comment Period ,
Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Regulatory Reform ,
Rulemaking Process ,
US Fish and Wildlife Service
On December 10, 2021, the Biden Administration released the Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which is a semi-annual compilation of information concerning regulations and policy...more
12/21/2021
/ Biden Administration ,
Conservation ,
Critical Habitat ,
Department of the Interior ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
Nationwide Permits (NWPs) ,
NEPA ,
Regulatory Agenda ,
Regulatory Reform ,
US Fish and Wildlife Service
On September 20, 2021, the U.S. District Court for the Central District of California set aside the U.S. Fish and Wildlife Service’s (Service) negative 12-month finding (Finding) on a petition by WildEarth Guardians...more
On August 18, 2021, the U.S. Fish and Wildlife Service (“Service”) published in the Federal Register a final rule designating more than 1,315 acres across 14 units as critical habitat (“Final Rule”) for two neotenic...more
8/27/2021
/ Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Final Rules ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Rulemaking Process ,
US Fish and Wildlife Service
Today, the U.S. Fish and Wildlife Service (“Service”) published in the Federal Register a proposal to list six Central Texas mussel species under the Endangered Species Act (“ESA”), to issue an ESA section 4(d) rule for one...more
On June 29, 2021, fourteen members of Congress delivered a letter to Secretary of the Interior Deb Haaland, urging the U.S. Fish and Wildlife Service (Service) to use its authority to list the monarch butterfly (Danaus...more
On June 7, 2021, the U.S. Supreme Court (“SCOTUS”) agreed with the Department of Justice and declined to hear a case brought by the Kansas Natural Resource Coalition (Coalition) challenging the U.S. Fish and Wildlife...more
6/10/2021
/ Article III ,
Congressional Review Act ,
Conservation ,
Denial of Certiorari ,
Department of the Interior ,
Endangered Species ,
Environmental Policies ,
ESA Listings ,
Injury-in-Fact ,
Judicial Review ,
Rulemaking Process ,
SCOTUS ,
Standing ,
US Fish and Wildlife Service