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Conservation Incidental Take Permits Endangered Species Act (ESA)

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U.S. Fish and Wildlife Service Updates Permitting Regulations

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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

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Service Proposes to Overhaul ESA Permitting Regulations

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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

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COVID-19 And Endangered Species Act Compliance

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Many projects require federal incidental take authority due to impacts on species listed under the federal Endangered Species Act (“ESA”). Depending upon the species, this federal take authority is obtained either from the...more

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Changes on the Horizon for U.S. Fish and Wildlife Service's Regulations On Take of Threatened Species

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On Monday, April 2, 2018, multiple news outlets reported that the U.S. Fish and Wildlife Service (“FWS”) submitted a proposal to change its existing policy regarding the prohibition on “take” for species listed as threatened...more

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FWS Proposes to Downlist Hawaiian Nene and Allow Limited Incidental Take

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On April 2, 2018, the U.S. Fish and Wildlife Service (Service) proposed downlisting the Hawaiian goose (Branta sandvicensis), locally known as the “nene,” from endangered to threatened under the Endangered Species Act (ESA)....more

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Endangered Species Act: U.S. Fish and Wildlife Service Request for Public Comment on Incidental Take Permit Applications to...

The United States Fish and Wildlife Service (“FWS”) issued a December 5th Federal Register Notice asking for public comment on federally listed American burying-beetle incidental take permit applications. See 82 Fed. Reg....more

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Federal Court Strikes Down Habitat Conservation Plan and Biological Opinion for Logging Project in Northern California

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On April 3, 2015, a federal district court in California put the brakes on a proposed logging project, invalidating a habitat conservation plan and incidental take permit issued by the U.S. Fish and Wildlife Service (FWS) and...more

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