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Regulatory Agenda Critical Habitat

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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

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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

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Final ESA Regulations Issued by the Services

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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

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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

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Groups Petition California Fish and Game Commission to List Western Burrowing Owl

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On March 5, 2024, the Center for Biological Diversity and several other groups submitted a petition to the California Fish and Game Commission (the Commission) to list the western burrowing owl (Athene cunicularia hypugaea)...more

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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

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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

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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

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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

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Service Lists Population of North American Wolverine as Threatened with Interim 4(d) Rule

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On November 30, 2023, the U.S. Fish and Wildlife Service (Service) published a final rule listing a distinct population segment (DPS) of the North American wolverine (Gulo gulo luscas) as a threatened species under the...more

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U.S. Fish and Wildlife Service Proposes Listing Oblong Rocksnail, Once Believed Extinct

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On October 31, 2023, the U.S. Fish and Wildlife Service (Service) proposed listing the oblong rocksnail (Leptoxis compacta) as an endangered species under the Endangered Species Act (ESA). The freshwater snail exists only in...more

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Service Proposes Listing Two Pond Turtle Species and Short-tailed Snake as Threatened with 4(d) Rules

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On October 3, 2023, the U.S. Fish and Wildlife Service (Service) published two proposed rules to list three species—the northwestern pond turtle (Actinemys marmorata), the southwestern pond turtle (Actinemys pallida), and the...more

(ACOEL) | American College of Environmental...

The ESA Goes Trekkie

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

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National Oceanic and Atmospheric Administration to Release Plans for Chumash Heritage National Marine Sanctuary

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The National Oceanic and Atmospheric Administration (NOAA) anticipates releasing the Draft Designation Documents for the proposed Chumash Heritage National Marine Sanctuary. A draft proposed rule and management plan for...more

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Services Propose New Regulatory Revisions Under the Endangered Species Act

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On June 22, 2023, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, the Services), issued three sets of proposed revisions to their Endangered Species Act (ESA) regulations...more

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U.S. Fish and Wildlife Service Proposes Revised Critical Habitat Designation for Rufa Red Knot

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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

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Service Proposes to Overhaul ESA Permitting Regulations

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On February 9, 2023, the U.S. Fish and Wildlife Service (Service) published proposed revisions to its regulations governing incidental take and enhancement of survival permitting under Endangered Species Act (ESA) section 10....more

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California Environmental Law & Policy Update - December 2022

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EPA floats sharply increased social cost of carbon - E&E News – November 21 - The U.S. Environmental Protection Agency (EPA) has proposed a new estimate for the social cost of carbon emissions, nearly quadrupling an interim...more

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U.S. Fish and Wildlife Service Proposes Revised Critical Habitat for Fisher DPS

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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

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Smoother Sailing for Eagles and Industry Ahead?

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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

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More Bat News, Service Proposes to List Tricolored Bat as Endangered

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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

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Service Makes Four 90-Day Findings and Initiates Status Reviews of Two Species

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On August 23, 2022, the U.S. Fish and Wildlife Service (Service) issued a notice in response to petitions seeking to list, delist, or revise the critical habitat of four species under the Endangered Species Act (ESA). The...more

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U.S. Fish and Wildlife Service Seeks Input On Conservation Banking Rules

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On July 27, 2022, the U.S. Fish and Wildlife Service (Service) published an advance notice of proposed rulemaking (ANPR) seeking comment on species conservation banking. Species conservation banking gives developers and other...more

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Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Rule to Rescind Definition for the Term "Habitat"

On Friday, June 24, 2022, the U.S. Fish & Wildlife Service (the Service) finalized a rule rescinding the regulatory definition of “habitat,” as the term was used in the Endangered Species Act (the Act) and the various...more

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Listing Decision on Western Joshua Tree Delayed by Tied Vote

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On June 16, 2022, a vote by the California Fish and Game Commission (Commission) on whether the Western Joshua tree (Yucca brevifolia) should be listed as threatened under the California Endangered Species Act (CESA) resulted...more

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