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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
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
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
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
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
On April 13, 2023, the United States Fish and Wildlife Service (“Service”) published a proposed rule to revise the critical habitat designation for the rufa red knot (Calidris canutus rufa). The red knot is a shorebird that...more
On January 24, 2023, the U.S. Fish and Wildlife Service (Service) proposed to designate approximately 104 river miles as critical habitat for the sickle darter (Percina williamsi) under the Endangered Species Act (ESA). The...more
On November 7, 2022, the U.S. Fish and Wildlife Service (Service) proposed to designate approximately 595,495 acres of critical habitat for the Southern Sierra Nevada distinct population segment (DPS) of fisher (Pekania...more
On September 30, 2022, the U.S. Fish and Wildlife Service (Service) published a proposed rule to amend its eagle permit regulations (Proposed Rule) administered in accordance with the Bald and Golden Eagle Protection Act...more
The U.S. Fish and Wildlife Service (the “Service”) published a proposed rule listing the tricolored bat as an endangered species under the Endangered Species Act (“ESA”). The tricolored bat occurs in portions of 39 states,...more
On September 14, 2022, the U.S. Fish and Wildlife Service (Service) published a proposed rule to list the tricolored bat (Perimyotis subflavus) (TRBA) as an endangered species under the Endangered Species Act (ESA). The TRBA...more
On 23 March 2022, the U.S. Fish and Wildlife Service (the Service) issued a proposed rule (Proposed Rule) to reclassify the northern long-eared bat from a threatened species to an endangered species under the Endangered...more
On Wednesday, March 23, 2022, the U.S. Fish & Wildlife Service (the Service) published a rule proposing to reclassify the northern long-eared bat (Myotis septentrionalis), a bat species found in all or portions of 37 U.S....more
On October 25, the U.S. Fish and Wildlife Service (Service) published a proposed rule to designate critical habitat for the coastal distinct population segment (DPS) of Pacific marten (Martes caurina), also known as coastal...more
The Southern Environmental Law Center (“SELC”) submitted December 7th comments in response to a proposal by the United States Fish and Wildlife Service (“Service”) addressing the red-cockaded woodpecker (“Woodpecker”). The...more
The U.S. Fish & Wildlife Service and the National Marine Fisheries Service (together, the “Services”) recently issued a proposed rule adding a definition of “habitat” to the regulations implementing Section 4 of the...more
On January 6, 2020, the U.S. Fish and Wildlife Service (FWS) published a proposed rule in the Federal Register announcing the agency’s finding that the Kanab ambersnail (Oxyloma haydeni kanabensis) is no longer warranted for...more
U.S. Fish and Wildlife Service (FWS) announced a proposal to list two intriguing North Carolina aquatic species under the Endangered Species Act (ESA). The FWS was spurred to act in part by a 2010 petition and subsequent...more
Over the last few weeks, besides proposing to remove the gray wolf (Canis lupus) from the List of Endangered and Threatened Species, the U.S. Fish and Wildlife Service (“Service”) has made a few other moves related to the...more
The Associated General Contractors of America (“AGC”) submitted three separate sets of comments to the United States Fish and Wildlife Service and National Marine Fishery Service in regards to proposed rules related to the...more
On July 25, 2018, the Department of the Interior published three proposed rules that would substantially alter implementation of Section 4 of the Endangered Species Act (“ESA”), which governs listing and designation of...more
On July 19, 2018, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS, and collectively with FWS, the Services) announced several proposed changes to the regulations implementing the...more
On July 25, 2018, the Department of the Interior’s Fish and Wildlife Service (“FWS”) and the Department of Commerce’s National Marine Fisheries Service (“NMFS”) (collectively “the Services”) issued three proposed rules that...more
The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) published three proposed rules last week that would revise the regulations implementing portions of the...more
On Monday, April 2, 2018, multiple news outlets reported that the U.S. Fish and Wildlife Service (“FWS”) submitted a proposal to change its existing policy regarding the prohibition on “take” for species listed as threatened...more