On February 6, 2018, the National Marine Fisheries Service (NMFS) announced an extension of the public comment period for the 5-year review of the endangered Western Distinct Population Segment (DPS) of the Steller sea Lion...more
The paradigm shift in the evaluation of the transportation impacts of road and development projects has arrived. The Governor’s Office of Planning and Research (OPR) announced the most comprehensive and far-reaching...more
Long ago, the framers of the Constitution decided to separate the federal government’s powers into three branches, with each branch acting as a check on the other. Broadly speaking, the legislative branch writes the law, the...more
In July we reported on five bills that propose to amend various aspects of the Endangered Species Act:
- H.R. 2603 – would remove listings of non-native species;
- H.R. 717 – would modify the process for listing...more
Nossaman LLP invites you to join us for the 3rd Coastal Law Conference at The Lodge at Torrey Pines in San Diego. This in-depth seminar will feature officials from the California Coastal Commission and State Lands Commission,...more
Earlier this week, the U.S. Fish & Wildlife Service (Service) issued a notice in the Federal Register that it was reopening the comment period on five proposed rules for four plant species. Specifically, the proposed rules...more
On April 5, 2017, the U.S. Fish and Wildlife Service (Service) issued a final rule in the Federal Register reclassifying the West Indian manatee (Trichechus manatus) from endangered to threatened under the Endangered Species...more
On June 13, 2016, the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision, held that the U.S. Fish and Wildlife Service (FWS) had properly included approximately 1,500 acres in Louisiana as designated critical...more
The Candidate Notice of Review is an annual appraisal by the U.S. Fish and Wildlife Service (Service) of plants and animals that are candidates for Endangered Species Act protection. A “candidate” species is a species for...more
The distinct population segment of the North American wolverine (Gulo gulf luscus) has had a long and difficult history with the Endangered Species Act (ESA). However, things appeared to be changing in 2013, when, after...more
Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two...more
8/26/2016
/ Administrative Procedure Act ,
Appeals ,
Dismissals ,
Endangered Species ,
Endangered Species Act (ESA) ,
Energy Projects ,
Energy Sector ,
Exclusive Jurisdiction ,
Federal Power Act ,
FERC ,
Hydropower ,
National Marine Fisheries Service
In a recent decision, the U.S. Court of Appeals for the District of Columbia affirmed the dismissal of an environmental organization’s Endangered Species Act (ESA) claim, concluding that the organization lacked standing...more
As recently reported by the Center for Biological Diversity, a rider has been proposed for an appropriations bill that would provide $1.5 billion to the U.S. Fish and Wildlife Service in 2017. The controversial rider would...more
On April 8, the United States District Court for the Middle District of Florida held that Collier County’s (County) land use planning regulations were complimentary, not contrary to the Endangered Species Act (ESA). The...more
Yes, no, maybe so. With the passing of Justice Antonin Scalia, many have already started to prognosticate about the sea change that will inevitably follow. While it is certainly possible that such a sea change will come to...more
On January 6, 2016, the U.S. Fish and Wildlife Service (Service) issued its 12-month finding on the petition to list the Alexander Archipelago wolf (Canis lupus ligoni) as an endangered or threatened species under the...more
Under the Endangered Species Act (ESA), a citizen plaintiff is required to provide a notice no less than 60-days before filing certain types of lawsuits against the federal government. For example, a 60-day notice is...more
In 2012, the U.S. Fish and Wildlife Service (Service) published a final rule designating 1,724 acres as critical habitat for the endangered Riverside fairy shrimp (Streptocephalus woottoni). Included in that designation were...more
Nossaman will host a complimentary half-day seminar comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including new federal rules implementing the Clean Water Act and...more
Under the Migratory Bird Treaty Act (MBTA), it is unlawful to “pursue, hunt, take, capture, kill, attempt to take, capture, or kill . . . any migratory bird” protected by the Act. 16 U.S.C. 703(a) & 704(a). In a recent...more
Last week, Jeremy Jacobs posted an interesting article about the U.S. Supreme Court’s recent decision in Horne v. Dep’t of Agriculture, No. 14-275 (U.S. Jun. 22, 2015), and its potential application to Endangered Species Act...more
In a decision that enhances the ability of local interests to obtain mitigation funds from state agencies, the California Supreme Court held that the California Environmental Quality Act ("CEQA") requires the Board of...more
Whether dealing with water or with endangered species directly, there have been a numbers of recent developments that are worth keeping on your radar.
July 16, 2015 – The House of Representative, in a largely partisan...more
In Building Industry Association of the Bay Area v. U.S. Department of Commerce, a decision with significant implications for property owners, the building industry, and the development community at large, the U.S. Court of...more
2013 was a banner year for developers under the takings clause, as both the U.S. Supreme Court and California Supreme Court issued decisions expanding the developers’ ability to challenge exactions as unconstitutional. In...more