News & Analysis as of

US Fish and Wildlife Service Endangered Species Final Rules

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

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

Holland & Hart LLP

Key Takeaways from Final Revisions to Endangered Species Act Regulations

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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

Troutman Pepper

Final ESA Rules Include Fundamental Shift in RPMs

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On March 27, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) issued three sets of final rules revising the Endangered Species Act (ESA) regulations. The...more

Nossaman LLP

U.S. Fish and Wildlife Service Updates Permitting Regulations

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Tomorrow, the U.S. Fish and Wildlife Service (Service) will publish its final rule updating regulations implementing section 10 of the Endangered Species Act (Section 10), which addresses the agency’s issuance of incidental...more

Troutman Pepper

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

Nossaman LLP

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

Nossaman LLP

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

Troutman Pepper

Western Pond Turtle Listing Will Impact Land and Water Managers Throughout the Western U.S.

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The U.S. Fish and Wildlife Service (FWS) has proposed listing the northwestern pond turtle (Actinemys marmorata) and the southwestern pond turtle (Actinemys pallida) as threatened species under the federal Endangered Species...more

Obermayer Rebmann Maxwell & Hippel LLP

Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know

Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know - In recent months, the federal government has issued various regulations that developers need to consider before they...more

Downey Brand LLP

Four Populations of Foothill Yellow-Legged Frog Listed as Endangered or Threatened Under Federal Endangered Species Act

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On August 31, 2023, the U.S. Fish and Wildlife Service (USFWS) issued a final rule listing four distinct population segments (DPSs) of foothill yellow-legged frog (Rana boylii) under the federal Endangered Species Act (ESA)....more

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

Rusty Patched Bumble Bee/Endangered Species Act: Federal Court Addresses U.S. Fish and Wildlife Services Denial of Critical...

The United States District Court for the District of Columbia (“Court”) in an August 11th Memorandum Opinion (“Opinion”) addressed an issue arising under the Endangered Species Act (“ESA”). See Natural Resources Defense...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

Nossaman LLP

U.S. Fish and Wildlife Service Lists Cactus Ferruginous Pygmy-Owl as Threatened with a 4(d) Rule

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On July 20, 2023, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) (“Owl”) as a threatened subspecies with a 4(d) rule under the...more

Nossaman LLP

Service Lists Bracted Twistflower as Threatened Species and Designates Critical Habitat

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On April 11, 2023, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the bracted twistflower (Streptanthus bracteatus), a wildflower native to Texas, as threatened with a rule issued under section 4(d)...more

Bradley Arant Boult Cummings LLP

Northern Long-Eared Bat “Uplisted” to Endangered Status

On November 30, 2022, the United States Fish and Wildlife Service (FWS) published a final rule reclassifying the northern long-eared bat under the Endangered Species Act (ESA), uplisting the bat from “threatened” to...more

Nossaman LLP

Service Lists Northern Long-eared Bat as Endangered

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On November 30, 2022, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the northern long-eared bat (NLEB) (Myotis septentrionalis) as an endangered species under Section 4 of the Endangered Species Act...more

Troutman Pepper

Services Issue Final Rules Rescinding Trump-Era Habitat Definition and Critical Habitat Exclusion Rules

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On June 24, the Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA) (together, the Services) issued a final rule that removes the definition of “habitat” from the Code of Federal...more

Nossaman LLP

Habitat Definition No Longer Applies in Critical Habitat Designations

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On June 24, 2022, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, Services) published a final rule rescinding the Trump administration’s 2020 final rule defining “habitat” for the...more

Foley Hoag LLP - Environmental Law

FWS and NOAA Decide That “Habitat” Should Not Be Defined By Regulation: I Hope This Is Good News

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

Troutman Pepper

New Guidance on the Endangered Species Act for Existing Structures

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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

Nossaman LLP

Panama City Crayfish Listed as Threatened and Critical Habitat Designated

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The U.S. Fish and Wildlife Service (Service) has issued a final rule listing the Panama City crayfish (Procambarus econfinae) as threatened under the Endangered Species Act (ESA), along with a section 4(d) rule limiting take...more

Nossaman LLP

Service Revises Critical Habitat Designation for Northern Spotted Owl

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Today, the U.S. Fish and Wildlife Service (Service) published a final rule revising the critical habitat designation for the northern spotted owl (Strix occidentalis caurina) under the Endangered Species Act (ESA).  The final...more

Nossaman LLP

USFWS Gives Texas Salamanders Prime Real Estate

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On August 18, 2021, the U.S. Fish and Wildlife Service (“Service”) published in the Federal Register a final rule designating more than 1,315 acres across 14 units as critical habitat (“Final Rule”) for two neotenic...more

Nossaman LLP

FWS Delists Cumberland Sandwort Under the ESA

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On Monday, the U.S. Fish and Wildlife Service (FWS) published a final rule delisting the now-recovered Cumberland sandwort (Arenaria cumberlandensis) under the Endangered Species Act (ESA).  Originally listed as endangered in...more

K&L Gates LLP

Trump Administration Finalizes New Endangered Species Act Regulations

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The Trump administration recently issued three final rules revising several key aspects of the Endangered Species Act (“ESA”), including: (1) listing species and designating critical habitat under § 4 of the ESA; (2)...more

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