News & Analysis as of

Endangered Species Act (ESA)

Holland & Knight LLP

DOI Implements Unprecedented 14-Day NEPA Review Process Under National Energy Emergency EO

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In a significant move to accelerate domestic energy development, the U.S. Department of the Interior (DOI) has announced emergency permitting procedures that will dramatically compress environmental review timelines. Under...more

Goldberg Segalla

Earth Day 2025: States Step Up for Biodiversity Amid Global Goals

Goldberg Segalla on

As we reflect on environmental stewardship this week, the accelerating loss of biodiversity remains one of the most critical challenges facing our planet. Healthy ecosystems provide essential services – clean air and water,...more

Allen Matkins

Federal Agencies Propose Rescission of “Harm” Definition Under Endangered Species Act

Allen Matkins on

On April 17, 2025, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) published a proposed rule in the Federal Register to rescind their respective...more

Foley Hoag LLP - Environmental Law

FWS and NMFS Propose to Eliminate Habitat Loss From the Definition of "Harm" Under the ESA: Is This the "Best Meaning" of the ESA?

Earlier this week, my colleagues Adam Kahn and Kevin Chen posted about the proposed rule issued by the Fish and Wildlife Service and the National Marine Fisheries Service that would rescind the definition of “harm” under the...more

Foley Hoag LLP - Environmental Law

Major Shift Proposed for Endangered Species Act Interpretation: Redefining “Harm”

On April 17, 2025, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) issued a proposed rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). This...more

Holland & Knight LLP

"Harm" Redefined: "Habitat Modification" Could Be Cut from Endangered Species Act Regulations

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The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) propose rescinding the regulatory definition of "harm" under the Endangered Species Act (ESA) that currently includes habitat modification,...more

Sheppard Mullin Richter & Hampton LLP

Federal Proposal to Rescind ESA’s ‘Harm’ Definition Raises the Stakes for California’s AB 1319

The United States Fish and Wildlife Service and the National Marine Fisheries Service (collectively, Services) proposed last week to rescind the regulatory definition of “harm” under the federal Endangered Species Act (ESA),...more

Allen Matkins

Sustainable Development and Land Use Update 4.23.25

Allen Matkins on

The Trump administration last Wednesday proposed to loosen federal protections for endangered species. A draft rule from the Fish and Wildlife Service (FWS) and National Oceanic and Atmospheric Administration (NOAA) would...more

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

Definition of Harm/Endangered Species Act: United States Fish and Wildlife Service Proposed Rule

The United States Fish and Wildlife Service and the National Marine Fisheries Service (collectively, “Service”) is proposing to rescind the regulatory definition of “harm” in the Endangered Species Act (“ESA”) regulations...more

Troutman Pepper Locke

No Harm, No Foul? Services Propose to Remove Harm Definition from Endangered Species Act Regulations

Troutman Pepper Locke on

On April 17, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together Services) published a proposed rule to rescind the long-standing definition of “harm” under the Endangered Species...more

Jenner & Block

U.S. Fish and Wildlife Service Proposes Regulatory Change to Ease Endangered Species Act Restrictions

Jenner & Block on

On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service proposed a rulemaking to rescind the definition of “harm” in the Endangered Species Act regulations. The change is being made to...more

Allen Matkins

California Environmental Law & Policy Update 4.18.25

Allen Matkins on

The Trump administration is moving to effectively eliminate a crucial protection in the half-century-old federal Endangered Species Act by redefining a single word: harm. A proposed rule, issued this Wednesday from the U.S....more

Eversheds Sutherland (US) LLP

FWS and NOAA propose to narrow reach of Endangered Species Act

On April 17, 2025, the US Fish and Wildlife Service and the National Oceanic and Atmospheric Administration published a notice of proposed rulemaking to rescind the definition of “harm” under the Endangered Species Act...more

Beveridge & Diamond PC

FWS and NMFS to Rescind ESA “Harm” Definition

Beveridge & Diamond PC on

Today, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together, the Services) proposed rescinding the definition of “harm” under the Endangered Species Act (ESA). Harming a listed...more

Nossaman LLP

Agencies Move to Rescind “Harm” Definition under Endangered Species Act

Nossaman LLP on

On April 17, 2025, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) published a notice in the Federal Register proposing to rescind the Services’ respective...more

Beveridge & Diamond PC

Texas District Court Rules FWS Must Consider the Cost of Protecting Threatened Species

Beveridge & Diamond PC on

On March 29, 2025, a Texas District Court ruled that the U.S. Fish and Wildlife Service (FWS) should have considered economic costs when crafting protections for the lesser-prairie chicken, a threatened species, under Section...more

Nossaman LLP

Federal Circuit Diverts ESA Takings Challenge

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The Fifth Amendment to the U.S. Constitution states, in part, “nor shall private property be taken for public use, without just compensation.” The federal Endangered Species Act deals with a different type of “taking.”...more

Nossaman LLP

District Court Vacates Lesser Prairie-Chicken 4(d) Rule

Nossaman LLP on

On March 29, 2025, the U.S. District Court for the Western District of Texas (District Court) vacated the Endangered Species Act (ESA) special 4(d) rule for the northern distinct population segment (DPS) of the lesser...more

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

2024 Conservation Report Card for the 118th Congress: Defenders of Wildlife Announces Release

Defenders of Wildlife (“Defenders”) announced on March 13th its release of a document titled: 2024 Conservation Report Card for the 118th Congress (“Report Card”). Defenders says the Report Card assesses the...more

Allen Matkins

California Environmental Law & Policy Update 3.21.25

Allen Matkins on

President Donald Trump’s Department of Government Efficiency (DOGE) plans to terminate lease contracts at nearly two dozen California offices relating to science, agriculture, and the environment, according to its federal...more

ArentFox Schiff

Trump Executive Orders Signal Potential Changes in Environmental Policy Impacting Agriculture

ArentFox Schiff on

The new Administration under President Trump is now over a month old, but there remains some uncertainty as to how the Administration will approach agricultural policy. The Administration’s first wave of environmental...more

Jones Day

Energy Projects Could Get Quicker Wetland and Endangered Species Approvals

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President Trump concluded that the integrity and expansion of the energy infrastructure of the United States is an immediate priority for the nation's economic and national security....more

Wiley Rein LLP

Trump Announces Section 232 Investigation on Wood Products and Other Actions to Promote Domestic Timber Production

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On March 1, 2025, President Trump issued a pair of Executive Orders aimed at promoting domestic production of wood products. First, he announced the initiation of an investigation under Section 232 of the Trade Expansion Act...more

DLA Piper

Trump Transition: Updates and Impacts on the Environmental and Regulatory Landscapes

DLA Piper on

The first month of President Donald Trump’s second term has seen a flurry of Executive Orders (EOs) impacting a swath of agencies, departments, and legislation. The environmental sector has been a particular focus of these...more

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

Livestock Grazing/National Environmental Policy Act: Federal Appellate Court Addresses Challenge to U.S. Forest Service Allotments

The United States Court of Appeals, 9th Circuit (“9th Circuit”) addressed in a February 11th Memorandum a challenge to a United States Forest Service (“Service”) action pursuant to the National Environmental Policy Act...more

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