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Habitat Conservation Plan Critical Habitat

Allen Matkins

California Environmental Law & Policy Update 4.18.25

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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

ArentFox Schiff

Iconic Monarch Butterfly Designated for Possible Endangered Species Act Protection: Potential Impacts on Agriculture

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On December 12, the US Fish and Wildlife Service (FWS) issued a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act of 1973 (ESA). Endangered and Threatened Wildlife and...more

Vorys, Sater, Seymour and Pease LLP

USFWS lists Monarch Butterfly as Threatened under Endangered Species Act

On December 12, 2024, the U.S. Fish and Wildlife Service (USFWS) proposed listing the monarch butterfly as threatened under the Endangered Species Act (ESA). This proposal includes a 4(d) rule offering species-specific...more

Nossaman LLP

Protections Proposed for Monarch Butterfly

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On December 10, 2024, the U.S. Fish and Wildlife Service (Service) released its long-anticipated listing proposal for the monarch butterfly (Danaus plexippus), along with a proposed critical habitat designation and...more

Brownstein Hyatt Farber Schreck

New CESA Candidate Species Impacts Project Permitting Requirements Throughout California

At its Oct. 9-–10, 2024, meeting in Sacramento, the California Fish and Game Commission (Commission) unanimously voted to make the western burrowing owl a “candidate” species under the California Endangered Species Act...more

Troutman Pepper Locke

California Open to Input on Endangered Species Listing for Burrowing Owl

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The western burrowing owl was just recently elevated to a “candidate species” under the California Endangered Species Act (CESA) by the California Department of Fish and Wildlife (CDFW). As a candidate species, the owl now...more

Nossaman LLP

U.S. Fish and Wildlife Service Issues Final Northern Long-eared Bat and Tricolored Bat Guidance

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On Wednesday, October 23, the U.S. Fish and Wildlife Service (Service) released final guidance and tools (Final Guidance) to assist project proponents with Endangered Species Act (ESA) compliance with respect to the northern...more

Allen Matkins

Commission Grants Burrowing Owls “Candidate” Species Protections Under the California Endangered Species Act

Allen Matkins on

At its October 10 meeting, the California Fish and Game Commission (the Commission) unanimously found that a petition to list the western burrowing owl (Athene cunicularia hypugaea) as an endangered or threatened species in...more

Nossaman LLP

Room to Roam Act Becomes Law

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On September 27, 2024, Governor Gavin Newsom signed California Assembly Bill 1889, the “Room to Roam Act.” The Act amends Section 65302 of the Government Code to add certain fish, wildlife, and habitat connectivity...more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Listing, Designating Critical Habitat for Kentucky Creekshell

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On September 17, 2024, the U.S. Fish and Wildlife Service (Service) proposed listing the Kentucky creekshell (Villosa ortmanni) as an endangered species under the Endangered Species Act (ESA) and designating critical habitat...more

Latham & Watkins LLP

European Council Approves Nature Restoration Law

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The regulation aims to restore 20% of the EU’s land and sea by 2030 and provide a launchpad for achieving long-term nature-related goals through 2050....more

Stoel Rives - Renewable + Law

U.S. Fish and Wildlife Service Issues Final Rule Affecting Take Permits Under the Endangered Species Act

On April 12, 2024, the U.S. Fish and Wildlife Service (Service) published notice in the Federal Register of a final rule (89 Fed. Reg. 26070) that amends regulations regarding the issuance of enhancement of survival and...more

Nossaman LLP

California’s “Room to Roam Act:” Factoring Wildlife Connectivity Into Land Use Planning

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Recently, the California Assembly passed Assembly Bill 1889, the “Room to Roam Act.” If enacted without changes, the Room to Roam Act would amend Section 65302 of the Government Code to add certain “fish, wildlife, and...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

Pillsbury Winthrop Shaw Pittman LLP

Final Rules Ramping Up Endangered Species Act Regulations Now in Effect

The rules address the listing process for critical species and habitat designations, as well as protections for threatened species. In a reversal, the rules also revise the ESA Section 7 interagency consultation process...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

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

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

Nossaman LLP

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

Nossaman LLP

Resource Optimization and Endangered Species Management

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On December 21, 2023, I published a post on the Center for California Water Resources Policy and Management’s DeltaCurrents blog discussing integration of resource optimization into endangered species policy to improve...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 Forecasts Anticipated Timing of ESA Regulations

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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). The Unified Agenda, published twice a year, lists the...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

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

Hogan Lovells

Do you need to comply with the Biodiversity Net Gain requirement?

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Our Real Estate Horizons flowchart explains what the new BNG requirement is, when it’s relevant and the options available for satisfying it, and provide details on how the biodiversity value of a site is calculated using the...more

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