News & Analysis as of

Endangered Species Environmental Policies Proposed Rules

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

Troutman Pepper

Final ESA Regulations Issued by the Services

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The Endangered Species Act regulations have become a political hot potato, with regulatory revisions occurring each time there is a change in administration. On March 28, the U.S. Fish and Wildlife Service (FWS) and the...more

Jenner & Block

Environmental Regulations to Watch in 2024

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Several federal agencies, including the United States Environmental Protection Agency, Federal Trade Commission, Department of the Interior, and Securities and Exchange Commission, have a slew of pending environmental...more

Nossaman LLP

Western States Will See Species Listings, Critical Habitat Designations According to Unified Agenda

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As we have previously reported, 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 that...more

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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

(ACOEL) | American College of Environmental...

The ESA Goes Trekkie

I can hear the music in my ear, and the voice: “Space, the final frontier… “. Endangered and threatened species are destined to boldly go where none of them has gone before – habitats outside of their historical range....more

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U.S. Fish and Wildlife Service Proposes Revised Critical Habitat Designation for Rufa Red Knot

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On April 13, 2023, the United States Fish and Wildlife Service (“Service”) published a proposed rule to revise the critical habitat designation for the rufa red knot (Calidris canutus rufa). The red knot is a shorebird that...more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Revised Critical Habitat for the Sickle Darter

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On January 24, 2023, the U.S. Fish and Wildlife Service (Service) proposed to designate approximately 104 river miles as critical habitat for the sickle darter (Percina williamsi) under the Endangered Species Act (ESA). The...more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Revised Critical Habitat for Fisher DPS

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On November 7, 2022, the U.S. Fish and Wildlife Service (Service) proposed to designate approximately 595,495 acres of critical habitat for the Southern Sierra Nevada distinct population segment (DPS) of fisher (Pekania...more

Sheppard Mullin Richter & Hampton LLP

U.S. Fish & Wildlife Service Proposes New Regulations Creating General Eagle “Take” Permits for Certain Wind Energy and Power Line...

The U.S. Fish and Wildlife Service recently published a proposed rule revising regulations that authorize permit issuance for eagle incidental take and eagle nest take under the Bald and Golden Eagle Protection Act (the...more

Nossaman LLP

Smoother Sailing for Eagles and Industry Ahead?

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On September 30, 2022, the U.S. Fish and Wildlife Service (Service) published a proposed rule to amend its eagle permit regulations (Proposed Rule) administered in accordance with the Bald and Golden Eagle Protection Act...more

Nossaman LLP

More Bat News, Service Proposes to List Tricolored Bat as Endangered

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

Perkins Coie

California Court Rules Bees Can Be Listed Under the California Endangered Species Act

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In a notable decision interpreting the California Endangered Species Act (CESA), a California court of appeal ruled that insects are eligible for listing as threatened, endangered, or candidate species under the act. See...more

Nossaman LLP

Service Proposes Critical Habitat Designation for Coastal DPS of Pacific Marten

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On October 25, the U.S. Fish and Wildlife Service (Service) published a proposed rule to designate critical habitat for the coastal distinct population segment (DPS) of Pacific marten (Martes caurina), also known as coastal...more

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

Endangered Species Act: U.S. Fish & Wildlife Service Proposes Regulatory Definition for "Habitat"

The U.S. Fish & Wildlife Service (“Service”) proposed on August 5th for the first time a regulatory definition for the term “habitat” as it is used in the Endangered Species Act (ESA) and the various implementing regulations....more

Perkins Coie

Bird Is the Word: US Fish & Wildlife Service Proposes Narrow Interpretation of Migratory Bird Treaty Act

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The U.S. Fish and Wildlife Service issued a proposed rule on January 30, 2020, that narrowly interprets the protections afforded by the Migratory Bird Treaty Act. The new rule would provide that the MBTA prohibits only the...more

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

Migratory Bird Treaty Act: U.S. Fish and Wildlife Service Proposal Addressing Definition of "Take"

The United States Fish and Wildlife Service (“Service”) announced the proposal of a rule that would define a key issue regarding the scope of the Migratory Bird Treaty Act (“MBTA”). The proposed rule is focused on the MBTA...more

Nossaman LLP

FWS Proposes Removing Kanab Ambersnail from ESA Protection

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On January 6, 2020, the U.S. Fish and Wildlife Service (FWS) published a proposed rule in the Federal Register announcing the agency’s finding that the Kanab ambersnail (Oxyloma haydeni kanabensis) is no longer warranted for...more

Nossaman LLP

FWS Proposes Listing “Madtom” and “Waterdog”

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U.S. Fish and Wildlife Service (FWS) announced a proposal to list two intriguing North Carolina aquatic species under the Endangered Species Act (ESA). The FWS was spurred to act in part by a 2010 petition and subsequent...more

Nossaman LLP

Fish and Wildlife Service Moves to Reclassify Downlist the American Burying Beetle, as Threatened Proposes 4(d) Rule

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On May 3, 2019, the U.S. Fish and Wildlife Service (“Service”) published a proposed rule to downlist the American burying beetle (Nicrophorus americanus) from endangered to threatened....more

Nossaman LLP

Endangered Species Act Spring Round Up

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Over the last few weeks, besides proposing to remove the gray wolf (Canis lupus) from the List of Endangered and Threatened Species, the U.S. Fish and Wildlife Service (“Service”) has made a few other moves related to the...more

Nossaman LLP

U.S. Fish and Wildlife Service Issues Proposed Rule to Delist the Gray Wolf

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On March 15, 2019, the U.S. Fish and Wildlife Service (“Service”) issued a proposed rule to remove the gray wolf (Canis lupus) from the List of Endangered and Threatened Wildlife. ...more

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

Endangered Species Act/Proposed Revisions: Associated General Contractors of America Comments

The Associated General Contractors of America (“AGC”) submitted three separate sets of comments to the United States Fish and Wildlife Service and National Marine Fishery Service in regards to proposed rules related to the...more

Holland & Hart LLP

Proposed ESA Revisions—Implications for Energy and Natural Resource Interests

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On July 19, 2018, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS, and collectively with FWS, the Services) announced several proposed changes to the regulations implementing the...more

Nossaman LLP

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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