The U.S. Environmental Protection Agency (EPA) on Monday finalized tougher methane reporting standards that could increase the number of oil and gas companies that must pay fees for excess methane emissions....more
This January, the Department of the Interior and the Department of Commerce announced updated civil monetary penalties for violations of federal wildlife and natural resource protection laws including the Endangered Species...more
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
The Western Environmental Law Center and Center for Biological Diversity (collectively “CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of...more
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
Key Takeaways What Is Happening? An increased focus on climate change and environmental stewardship is rapidly changing the legal and regulatory landscape affecting the fisheries and aquaculture industries, and agencies and...more
The Fish and Wildlife Service and the National Oceanic and Atmospheric Administration have released final rules amending significant parts of the regulations implementing the Endangered Species Act. How big an impact will...more
Amidst much fanfare, on Friday President Trump released a Presidential Memoranda (much like an Executive Order, yet different?) directing Federal agencies to work together to reduce regulatory burdens on Western water...more
The U.S. Fish and Wildlife Service and NOAA Fisheries jointly announced via conference call this morning the publication of proposed revisions to portions of their regulations that implement key sections of the Endangered...more
In his January 30, 2018 State of the Union address, the President declared that he had eliminated more regulations in his first year than any other administration’s first year. Part of that claim may arise out of a...more
This week President Trump released the Energy Independence Executive Order that focuses on the Trump Administration’s energy strategy. Although much focus is on lifting the restrictions on American energy and on job...more
On September 22, the Administration announced two new policies that will facilitate a more transparent and efficient permitting and review process for complex infrastructure projects. First, federal agencies announced...more
While decisions dealing with lawsuits alleging violations of section 7 or section 9 of the Endangered Species Act (ESA) are rather common, it is far less common for courts to address suits under section 10. In fact, in any...more
On April 3, 2015, a federal district court in California put the brakes on a proposed logging project, invalidating a habitat conservation plan and incidental take permit issued by the U.S. Fish and Wildlife Service (FWS) and...more
The Fish and Wildlife Service and National Oceanic and Atmospheric Administration announced last week that they are extending the deadline for comments on new critical habitat rules from July 11 to October 9, 2014. The...more