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Center for Biological Diversity Endangered Species Act (ESA)

Pillsbury Winthrop Shaw Pittman LLP

The Dunes Sagebrush Lizard Saga Continues: FWS Lists the Species as Endangered, Draws Congressional Response

On May 20, 2024, the U.S. Fish and Wildlife Service published a final rule listing the dunes sagebrush lizard as endangered under the Endangered Species Act. The listing does not include a designation of critical habitat....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Barrens Topminnow/Tennessee Fish: U.S. Fish and Wildlife Service Proposes Critical Habitat

The United States Fish and Wildlife Service (“Service”) has issued a proposed rule that would designate critical habitat for the Barrens topminnow (“Bt”) under the Endangered Species Act (“ESA”)....more

Nossaman LLP

Groups Petition California Fish and Game Commission to List Western Burrowing Owl

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On March 5, 2024, the Center for Biological Diversity and several other groups submitted a petition to the California Fish and Game Commission (the Commission) to list the western burrowing owl (Athene cunicularia hypugaea)...more

Snell & Wilmer

The Revocation of Florida’s Clean Water Act 404 Permitting Program: What It Means Moving Forward in Light of SCOTUS’ Recent...

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Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more

Adams and Reese LLP

“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

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“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal...more

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Citizen Suit Enforcement/Endangered Species: Center for Biological Diversity Notice of Intent to Sue U.S. Fish and Wildlife...

The Center for Biological Diversity (“CBD”) sent a February 21st Notice of Intent to Sue (“NOI”) to the United States Fish and Wildlife Service (“Service”) for an alleged violation of the Endangered Species Act (“ESA”). ...more

Nossaman LLP

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

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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

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Conservation Easement/Endangered Species Act: Citizen Suit Action Challenges U.S. Fish and Wildlife Service Biological Opinion...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a December 4th Opinion an issue arising out of the federal Endangered Species Act (“ESA”). See Center for Biological Diversity, et al. v....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act/Cattle Grazing: Center for Biological Diversity Citizen Suit Action Alleging U.S. Fish and Wildlife...

The Center for Biological Diversity and Maricope Audubon Society (collectively, “Audubon”) filed a November 2nd Complaint for Declaratory Judgment and Injunctive Relief (“Complaint”) in the United States District Court for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Action/Endangered Species Act: Center for Biological Diversity Judicial Complaint Alleging U.S. Fish and Wildlife...

The Center for Biological Diversity (“CBD”) filed a September 27th Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Columbia against the United States Fish...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act/Clean Water Act: Federal Court Addresses Challenge to U.S. Environmental Protection Agency Water Quality...

The United States District Court for the District of Arizona (“Court”) addressed in an August 18th Order an alleged violation by the United States Environmental Protection Agency (“EPA”) of the Endangered Species Act (“ESA”)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act: Center for Biological Diversity and U.S. Fish and Wildlife Service Enter into Stipulated Settlement...

The Center for Biological Diversity (“CBD”) and the United States Fish and Wildlife Service (“Service”) entered into a July 24th Stipulated Settlement Agreement (“Settlement”) setting an Endangered Species Act (“ESA”) listing...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Pyramid Pigtoe Mussel/Endangered Species Act: Center for Biological Diversity Judicial Complaint Alleging U.S. Fish and Wildlife...

The Center for Biological Diversity (“CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Arizona against the United States Fish and Wildlife...more

Holland & Hart LLP

Restraining ESA Critical Habitat: Ninth Circuit Overturns FWS’s Jaguar Critical Habitat Designation

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On May 17, 2023, in Center for Biological Diversity v. U.S. Fish & Wildlife Service (CBD v. FWS), the Ninth Circuit Court of Appeals set aside parts of the U.S. Fish and Wildlife Service’s (FWS) designation of critical...more

Nossaman LLP

Federal Court Allows Center for Biological Diversity to Continue Large ESA Lawsuit Against U.S. Fish and Wildlife Service

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Last week, the U.S. District Court for the District of Columbia issued a ruling allowing the Center for Biological Diversity (CBD) to continue pursuing its large Endangered Species Act (ESA) lawsuit against the U.S. Fish and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act: Center for Biological Diversity Notice of Intent to Sue U.S. Fish and Wildlife Service in Regard to...

The Center for Biological Diversity (“CBD”) issued a February 7th news release stating that it has sent a Notice of Intent to Sue (“NOI”) the United States Fish and Wildlife Service (“Service”) for delaying listing under the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Tennessee's Barrens Darter/Endangered Species Act: Center for Biological Diversity Lawsuit Challenging U.S. Fish and Wildlife...

The Center for Biological Diversity (“CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Fish and Wildlife Service (“Service”) in the United States District Court for the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Snail Darter/Endangered Species Act Delisting: The Fish that Faced Off Against the Tennessee Valley Authority Is Classified as...

The United States Fish and Wildlife Service (“Service”) issued a pre-Federal Register publication final rule removing the snail darter from the federal Endangered Species Act (“ESA”) List of Endangered and Threatened...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act/Tricolored Bat: U.S. Fish & Wildlife Services Proposes Endangered Listing

On Wednesday, September 14, 2022, the U.S. Fish & Wildlife Service (the Service) published a rule proposing to list the tricolored bat (Perimyotis subflavus) as an endangered species under the Endangered Species Act (ESA, or...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Barrens Topminnow/Tennessee: Center for Biological Diversity Notice of Intent to Sue U.S. Fish and Wildlife Service for Alleged...

The Center for Biological Diversity (“CBD”) sent an August 15th Notice of Intent to Sue (“NOI”) to the United States Fish and Wildlife Service and Department of the Interior (collectively, “Service”) alleging violation of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lead Ammunition/Tackle: Center for Biological Diversity Petition to U.S. Fish and Wildlife Service Requesting National Wildlife...

The Center for Biological Diversity and two other organizations (collectively “CBD”) submitted a June 8th Petition to the United States Department of Interior and United States Fish and Wildlife Service (collectively “USFWS”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act/Clean Water Act: Center for Biological Diversity Challenges U.S. Environmental Protection Agency's Water...

The Center for Biological Diversity (“CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Arizona against the United States Environmental...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act/Bullitt County (Kentucky) Transmission Pipeline: Center for Biological Diversity Notice of Intent to Sue...

The Center for Biological Diversity (“CBD”) and Kentucky Resources Council (collectively “CBD”) sent a 60-day Notice of Intent (“NOI”) to Sue the United States Fish and Wildlife Service (“Service”) and United States Army...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Southern Bog Turtle/Endangered Species Act: Center for Biological Diversity Petition Submitted to Fish and Wildlife Service...

The Center for Biological Diversity (“CBD”) submitted a Petition to the United States Fish and Wildlife Service (“Service”) requesting that the southern bog turtle be designated as an endangered or threatened species under...more

King & Spalding

EPA’s Draft Strategic Plan Emphasizes Resilience and Adaption to Climate Change

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This Client Alert—Part 2 of an ongoing series—provides an overview of one of EPA’s key objectives in its draft Strategic Plan: Developing resilience and adaptation to climate change impacts. Other alerts in the series can be...more

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