Podcast – Introducing the Greenwashing Mitigation Team
EPA Proposes Removing Affirmative Defense Provisions from Eighteen Clean Air Act Emission Standards - In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for...more
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
On May 15, 2023, the U.S. Fish and Wildlife Service (Service) issued two mitigation policies: one titled, “Mitigation Policy,” and another titled “Endangered Species Act Compensatory Mitigation Policy.” The Mitigation Policy...more
The United States Fish and Wildlife Service (“Service”) issued a prepublication notice of a policy titled: Mitigation Policy and Endangered Species Act Compensatory Mitigation Policy (“Revised Policy”)...more
On September 30, 2022, the US Fish and Wildlife Service (Service) issued a proposed rule in the Federal Register that would revise the regulations for the eagle take permit program under the Bald and Golden Eagle Protection...more
The Ninth Circuit vacated U.S. Department of the Interior approvals for a proposed offshore oil drilling and production facility in Alaska after finding its EIS improperly failed to consider impacts associated with foreign...more
On December 3, 2020, the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and other agencies (collectively, “Agencies”) announced an update to the standard Bank...more
Changes in Definitions Section May Create Clarity for Agencies, Ammunition for Opponents - This is the first in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the...more
Late last week, the U.S. Fish and Wildlife Service withdrew two environmental policies adopted in late 2016 by the Obama administration that address mitigation for impacts to natural resources. These two policies established...more
The U.S. Fish and Wildlife Service (Service) has requested public comment on its revised Mitigation Policy and the Endangered Species Act Compensatory Mitigation Policy (ESA-CMP)....more
We reported in our April 2016 edition that the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (“NMFS”) had recently updated certain Endangered Species Act (“ESA”) regulations and proposed...more
On December 27, 2016, the U.S. Fish & Wildlife Service (FWS) issued its final Endangered Species Act (ESA) Compensatory Mitigation Policy (Policy) – the first policy to comprehensively address compensatory mitigation under...more
On November 21, 2016, the U.S. Fish and Wildlife Service (Service) published the final revisions to its Mitigation Policy. The Mitigation Policy, first published in 1981, guides the Service’s recommendations and requirements...more
The United States Fish and Wildlife Service ("USFWS") announced the availability of a new draft policy on compensatory mitigation associated with implementation of the Endangered Species Act ("ESA") (81 Fed. Reg. 61032-61065,...more
The United States Fish and Wildlife Service (“USFWS”) recently proposed revisions to its regulations authorizing take of bald and golden eagles. The Bald and Golden Eagle Protection Act (“BGEPA”) imposes criminal and...more
Federal agencies charged under the Endangered Species Act (“ESA”) with species protection have recently hatched revisions to regulations and policies that change substantially the determination and protection of habitat for...more
The U.S. Fish and Wildlife Service (FWS) published draft revisions on March 8, 2016 to its 1981 Mitigation Policy for mitigating the impacts of development projects to natural resources. See Proposed Revisions to the U.S....more
On March 8, 2016, the U.S. Fish and Wildlife Service (Service) announced proposed revisions to its Mitigation Policy that has guided Service recommendations on mitigating the adverse impacts of development on fish, wildlife,...more
On November 3, 2015, U.S. President Barack Obama issued a Presidential Memorandum (Memorandum) that potentially opens the door to agency attempts to expand mitigation obligations beyond what is required under law while also...more
On Tuesday, November 3, the White House released a Presidential Memorandum: “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment” (“Memorandum”). The Memorandum was sent to the...more
This afternoon, the Administration issued two policies intended to encourage private investment in natural resource conservation and to facilitate application of the mitigation hierarchy—avoiding, minimizing and compensating...more
On October 2, 2015, the Bureau of Land Management (“BLM”) and the California Department of Fish and Wildlife (“CDFW”) entered into a 12-page “agree[ment] to work with each other to conserve biological and natural resources on...more
On May 26, 2015, the US Fish and Wildlife Service (FWS) announced its intent to prepare a programmatic environmental impact statement (PEIS) to evaluate the potential impacts of permits authorizing the incidental take of...more