News & Analysis as of

Permits US Fish and Wildlife Service Endangered Species Act (ESA)

Snell & Wilmer

The Revocation of Florida’s Clean Water Act 404 Permitting Program: What It Means Moving Forward in Light of SCOTUS’ Recent...

Snell & Wilmer on

Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more

Adams and Reese LLP

“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

Adams and Reese LLP on

“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal...more

Holland & Knight LLP

D.C. Court Vacates Florida's Assumption of the Federal Clean Water Act Permit Program

Holland & Knight LLP on

The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more

Lippes Mathias LLP

Potential USFWS Reclassification of The Northern Long-Eared Bat to “Endangered:” What Could This Mean for Developers

Lippes Mathias LLP on

On Wednesday, March 23, 2022, the U.S. Fish and Wildlife Service (USFWS) issued a Notice of Proposed Rulemaking (Proposed Rule) to reclassify the northern long-eared bat (NLEB) from “threatened” to “endangered” under the...more

Perkins Coie

US Fish and Wildlife Service Reinstates MBTA Interpretation and Seeks Input on Take Permitting Scheme

Perkins Coie on

The U.S. Fish and Wildlife Service revoked its January 7, 2021, rule defining the scope of the Migratory Bird Treaty Act as it applies to conduct that results in the injury or death of protected migratory birds. Revocation of...more

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

Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

Williams Mullen

Corps’ Nationwide Permits Rule Hits Blue Wall

Williams Mullen on

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

Woods Rogers

Court Decision Vacating Nationwide Permit 12 Creates Concern for All Nationwide Permits

Woods Rogers on

On April 15, 2020, the United States District Court for the District of Montana issued a decision in the case of Northern Plains Resource Council v. U.S. Army Corps of Engineers which vacated the Corps of Engineers’...more

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

Utility Line Activities/Clean Water Act: Federal District Court (Montana) Enjoins Nationwide Permit 12

A United States District Court (Montana) (“Court”) addressed in an April 15th decision a challenge to the United States Corps of Engineers’ (“Corps”) issuance of Clean Water Act Nationwide Permit (“NWP”) 12 (Utility Line...more

Nossaman LLP

Federal Court Overturns Nationwide Permit 12, Throws Project Development into Flux

Nossaman LLP on

On April 15, 2020, the U.S. District Court for the District of Montana issued an order that could impact energy and development projects across the United States. ...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #2

SEC Drops Probe of Exxon's Accounting Practices - "The Securities and Exchange Commission has dropped its probe into whether ExxonMobil misled investors about its knowledge of climate change and the potential effects on...more

Farella Braun + Martel LLP

Revised Eagle “Incidental Take” Permit Regulations Strike a Better Balance

In December 2016, the U.S. Fish and Wildlife Service (Service) issued new regulations that provide an important mechanism for renewable energy, transmission line and other development projects to obtain eagle “incidental...more

Nossaman LLP

U.S. Fish and Wildlife Service Finalizes Eagle Permit Program Revisions, Announces Intent to Prioritize Bald and Golden Eagle...

Nossaman LLP on

On December 16, 2016, the U.S. Fish and Wildlife Service (Service) issued a long-awaited final rule (Rule) revising the regulations that govern the Service’s eagle take permit program (Eagle Permit Program) under the Bald and...more

Nossaman LLP

Court Enjoins Wolf Releases in New Mexico

Nossaman LLP on

The United States District Court for the District of New Mexico issued an opinion and order enjoining the United States from releasing captive-bred wolves within the State of New Mexico without first obtaining importation and...more

Stoel Rives LLP

The Early Bird Catches the Worm: A Lesson in Submitting Drilling Applications Early to Avoid Expiration of Federal Oil and Gas...

Stoel Rives LLP on

As many of you know, permitting delays are not only frustrating but can have real consequences for project applicants with contractual deadlines. In the case of a federal oil and gas lease, operators should be mindful of the...more

Nossaman LLP

District Court Rules Grizzly Bears Trump Montana's Plan to Log Forest Lands to Fund Schools

Nossaman LLP on

On August 21, 2014, the United States District Court for the District of Montana remanded the Montana Department of Natural Resources and Conservation Forested State Trust Lands Habitat Conservation Plan (HCP) and suspended...more

K&L Gates LLP

Critical Habitat and the Endangered Species Act: Proposed Revisions to Fundamental Regulatory Concepts

K&L Gates LLP on

On May 12, 2014, the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (collectively, the “Services”) issued notices of proposed rules and a proposed policy related to the designation of...more

Bracewell LLP

Texas Environmental Update - December 20, 2013

Bracewell LLP on

Mexican Federal Congress Approves Important Constitutional Energy Reform Bill - Energy Legal Blog, December 13, 2013 - As we previously reported, on August 12, 2013, Mexican President Enrique Peña Nieto...more

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