News & Analysis as of

Conservation US Fish and Wildlife Service Endangered Species Act (ESA)

Nossaman LLP

Federal Court Orders Re-do of Golden-Cheeked Warbler Petition Review

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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

Nossaman LLP

Service Lists Suwannee Alligator Snapping Turtle as Threatened with a 4(d) Rule

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On June 27, 2024, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the Suwannee alligator snapping turtle (Macrochelids suwanniensis) as a threatened species with a 4(d) rule under the Endangered...more

Nossaman LLP

Dunes Sagebrush Lizard Earns Spot on Endangered Species List

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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

Beveridge & Diamond PC

FWS and NMFS Return to Stricter ESA Rules and Reverse Recent Streamlining Measures

The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (together the Services) have issued three final rules effective May 6, 2024...more

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

Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Rule to Revise Criteria for Designating and Delisting Species and...

On Friday, April 5, 2024, the U.S. Fish & Wildlife Service (the “Service”) finalized a rule clarifying the procedures and criteria for listing, reclassifying, and delisting species on the Lists of Endangered and Threatened...more

Holland & Hart LLP

Key Takeaways from Final Revisions to Endangered Species Act Regulations

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On April 5, 2024, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) finalized three sets of revisions to the regulations implementing the Endangered...more

Nossaman LLP

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

Locke Lord LLP

Revisions to Endangered Species Act ‎Regulations Reverse Some Trump, ‎Keep Some Trump, Raise ‎Opportunity for Mischief

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On April 5, 2024, The U.S. Fish & Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (collectively, the “Services”) finalized a series of rules reversing certain revisions to the Services’...more

Troutman Pepper

FWS Prepares for Tricolored Bat Listing With New Guidance

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The U.S. Fish and Wildlife Service (FWS) continues to focus on protections for bat species that have been ravaged by white-nose syndrome. In 2023, the Northern Long-Eared Bat (NLEB) was uplisted to endangered status. The FWS...more

Nossaman LLP

Services Finalize Endangered Species Act Regulatory Revisions

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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

Holland & Knight LLP

D.C. Court Vacates Florida's Assumption of the Federal Clean Water Act Permit Program

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The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more

Nossaman LLP

Unified Agenda Forecasts Proposed and Final Listings and Critical Habitat Designations for Species Found in Eastern States

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As previously reported, on December 6, the Biden Administration published the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), outlining the various regulatory and deregulatory actions the...more

Nossaman LLP

Unified Agenda Foretells Species Listings, Critical Habitat Designations for Texas

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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

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

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

Nossaman LLP

Service Lists Population of North American Wolverine as Threatened with Interim 4(d) Rule

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On November 30, 2023, the U.S. Fish and Wildlife Service (Service) published a final rule listing a distinct population segment (DPS) of the North American wolverine (Gulo gulo luscas) as a threatened species under the...more

Troutman Pepper

Western Pond Turtle Listing Will Impact Land and Water Managers Throughout the Western U.S.

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The U.S. Fish and Wildlife Service (FWS) has proposed listing the northwestern pond turtle (Actinemys marmorata) and the southwestern pond turtle (Actinemys pallida) as threatened species under the federal Endangered Species...more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Listing Oblong Rocksnail, Once Believed Extinct

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On October 31, 2023, the U.S. Fish and Wildlife Service (Service) proposed listing the oblong rocksnail (Leptoxis compacta) as an endangered species under the Endangered Species Act (ESA). The freshwater snail exists only in...more

Nossaman LLP

District Court Upholds Final Rule Downlisting American Burying Beetle

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On September 30, 2023, the U.S. District Court for the District of Columbia granted summary judgment in favor of the U.S. Fish and Wildlife Service (Service) in a case challenging the agency’s final rule downlisting the...more

Nossaman LLP

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

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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

Nossaman LLP

President Biden Vetoes Attempt to Undo ESA Protections for Lesser Prairie-Chicken and Northern Long-Eared Bat

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On Tuesday, September 26, President Biden vetoed two Republican-sponsored joint resolutions, S.J. Res. 9 and S.J. Res. 24, seeking to undo Endangered Species Act (ESA) protections for the lesser prairie-chicken (LEPC)...more

Nossaman LLP

Service Lists Foothill Yellow-Legged Frog Distinct Population Segments Under the ESA

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On August 29, 2023, the U.S. Fish and Wildlife Service (Service) published a final rule listing two distinct population segments (DPS)—the North Feather and Central Coast DPSs—of the foothill yellow-legged frog (Rana boylii)...more

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

Salamander Mussel (Range Includes Arkansas)/Endangered Species Act: U.S. Fish and Wildlife Service Proposed Endangered...

The United States Fish and Wildlife Service (“Service”) published a proposed rule in the August 22nd Federal Register that would list the salamander mussel as an endangered species under the Endangered Species Act (“ESA”)....more

Nossaman LLP

Fish and Wildlife Service Proposes Delisting Apache Trout

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On August 11, 2023, the U.S. Fish and Wildlife Service (Service) published a proposed rule to delist the Apache trout (Oncorhynchus apache) under the Endangered Species Act (ESA) due to the species’ recovery.  The Apache...more

Nossaman LLP

Critical Habitat Proposed for Sacramento Mountains Checkerspot Butterfly

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On August 10, 2023, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to designate critical habitat for the Sacramento Mountains checkerspot butterfly (Euphydryas Anicia cloudcrofti) under the Endangered...more

Nossaman LLP

Service Proposes to List Two Mussel Species and Designate Critical Habitat in Texas

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On July 25, 2023, the U.S. Fish and Wildlife Service (Service) published a proposed rule to list two mussel species, the Salina mucket (Potamilus metnecktayi) and Mexican fawnsfoot (Truncilla cognata), as endangered under the...more

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