News & Analysis as of

Final Rules Endangered Species Act (ESA) Environmental Policies

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

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Final ESA Rules Include Fundamental Shift in RPMs

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On March 27, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) issued three sets of final rules revising the Endangered Species Act (ESA) regulations. The...more

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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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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

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Fish and Wildlife Service Increases Civil Penalties for Violations of Federal Wildlife Protection Laws

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On February 2, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule increasing civil monetary penalties for violations of several federal wildlife and natural resource protection laws (Final Rule).  The...more

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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

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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

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

Rusty Patched Bumble Bee/Endangered Species Act: Federal Court Addresses U.S. Fish and Wildlife Services Denial of Critical...

The United States District Court for the District of Columbia (“Court”) in an August 11th Memorandum Opinion (“Opinion”) addressed an issue arising under the Endangered Species Act (“ESA”). See Natural Resources Defense...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 Lists Cactus Ferruginous Pygmy-Owl as Threatened with a 4(d) Rule

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On July 20, 2023, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) (“Owl”) as a threatened subspecies with a 4(d) rule under the...more

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Service Lists Bracted Twistflower as Threatened Species and Designates Critical Habitat

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On April 11, 2023, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the bracted twistflower (Streptanthus bracteatus), a wildflower native to Texas, as threatened with a rule issued under section 4(d)...more

Bradley Arant Boult Cummings LLP

Northern Long-Eared Bat “Uplisted” to Endangered Status

On November 30, 2022, the United States Fish and Wildlife Service (FWS) published a final rule reclassifying the northern long-eared bat under the Endangered Species Act (ESA), uplisting the bat from “threatened” to...more

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Service Lists Northern Long-eared Bat as Endangered

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On November 30, 2022, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the northern long-eared bat (NLEB) (Myotis septentrionalis) as an endangered species under Section 4 of the Endangered Species Act...more

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Habitat Definition No Longer Applies in Critical Habitat Designations

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On June 24, 2022, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, Services) published a final rule rescinding the Trump administration’s 2020 final rule defining “habitat” for the...more

Foley Hoag LLP - Environmental Law

FWS and NOAA Decide That “Habitat” Should Not Be Defined By Regulation: I Hope This Is Good News

This week, the Fish and Wildlife Service and the National Oceanic and Atmospheric Administration issued a rule rescinding the rule issued in 2020 defining “habitat” for the purposes of determining what constitutes “critical...more

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New Guidance on the Endangered Species Act for Existing Structures

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Section 7 of the Endangered Species Act (ESA) requires the Army Corps of Engineers (Corps) to consult with the National Oceanic and Atmospheric Administration Fisheries (NOAA) (together “Agencies) before undertaking work or...more

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Panama City Crayfish Listed as Threatened and Critical Habitat Designated

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The U.S. Fish and Wildlife Service (Service) has issued a final rule listing the Panama City crayfish (Procambarus econfinae) as threatened under the Endangered Species Act (ESA), along with a section 4(d) rule limiting take...more

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Service Revises Critical Habitat Designation for Northern Spotted Owl

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Today, the U.S. Fish and Wildlife Service (Service) published a final rule revising the critical habitat designation for the northern spotted owl (Strix occidentalis caurina) under the Endangered Species Act (ESA).  The final...more

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USFWS Gives Texas Salamanders Prime Real Estate

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On August 18, 2021, the U.S. Fish and Wildlife Service (“Service”) published in the Federal Register a final rule designating more than 1,315 acres across 14 units as critical habitat (“Final Rule”) for two neotenic...more

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FWS Delists Cumberland Sandwort Under the ESA

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On Monday, the U.S. Fish and Wildlife Service (FWS) published a final rule delisting the now-recovered Cumberland sandwort (Arenaria cumberlandensis) under the Endangered Species Act (ESA).  Originally listed as endangered in...more

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Corps’ Nationwide Permits Rule Hits Blue Wall

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The U.S. Army Corps of Engineers published its final rule for the Reissuance and Modification of Nationwide Permits in the waning days of the Trump Administration. The final rule reissues and modifies 12 existing nationwide...more

K&L Gates LLP

Trump Administration Finalizes New Endangered Species Act Regulations

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The Trump administration recently issued three final rules revising several key aspects of the Endangered Species Act (“ESA”), including: (1) listing species and designating critical habitat under § 4 of the ESA; (2)...more

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Fish and Wildlife Service Delists Foskett speckled dace

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On September 13, 2019, the U.S. Fish and Wildlife Service (Service) posted a final rule removing the Foskett speckled dace (Rhinichthys osculus ssp.) from the federal List of Endangered and Threatened Wildlife....more

Akin Gump Strauss Hauer & Feld LLP

Agencies Get Their Ducks in a Row on Revising Endangered Species Act Rules

Last week, final rules from the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, “the Services”) impacting key components of the Endangered Species Act (ESA) were published in the...more

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