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Permian Predicament Comes to Pass: ‎USFWS Promulgates ‎Endangered Listing for Dunes Sagebrush ‎Lizard

On May 20, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule listing the dunes sagebrush lizard (DSL) as endangered under the federal Endangered Species Act (ESA). The DSL is a small, spiny lizard...more

Revisions to Endangered Species Act ‎Regulations Reverse Some Trump, ‎Keep Some Trump, Raise ‎Opportunity for Mischief

On April 5, 2024, The U.S. Fish & Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (collectively, the “Services”) finalized a series of rules reversing certain revisions to the Services’...more

Another Predicament in the Permian: ‎USFWS Proposes Renewed Endangered Listing for ‎Dunes ‎Sagebrush Lizard

On July 3, 2023, the U.S. Fish and Wildlife Service (“the Service”) proposed to list the dunes sagebrush lizard (Sceloporus arenicolus) (“DSL”), a species found only in southeastern New Mexico and west Texas, as an endangered...more

A Precautionary Tale: D.C. Circuit ‎Strikes Down Precautionary Principle Under the ‎Endangered ‎Species Act

On June 16, 2023, a three-judge panel of the U.S. Court of Appeals for the District of Columbia ruled unanimously that the National Marine Fisheries Service (“NMFS”), when faced with insufficient data, cannot rely on...more

Small Bat, Big Implications: USFWS to ‎Uplist Northern Long-Eared Bat From Threatened to ‎Endangered

In today’s Federal Register, the U.S. Fish and Wildlife Service (“USFWS”) published a proposed rule under the federal Endangered Species Act (“ESA”) to reclassify the northern long-eared bat (“NLEB”) from “threatened” status...more

Playing Chicken: What USFWS’ Proposed Listing of the Lesser Prairie Chicken Means for Energy Companies

On May 24, 2021, the U.S. Fish and Wildlife Service (FWS) released a proposed rule to list two distinct population segments (DPS) of the lesser prairie chicken (LEPC) under the Endangered Species Act (ESA). If the listing...more

“Threatened” Listing for Northern Long-Eared Bats Endangered by District Court Decision: What You Need to Know

On January 28, the D.C. District Court issued a significant decision in litigation brought by a group of environmental organizations challenging the U.S. Fish and Wildlife Service’s (“FWS”) 2015 listing of the northern...more

Proposed “Endangered” Listing for Rusty Patched Bumble Bee Creates a Buzz in the Energy Industry

On September 22, 2016 the U.S. Fish and Wildlife Service (Service) published a proposed rule to list the rusty patched bumble bee (Bombus affinis) as “endangered” under the federal Endangered Species Act (the ESA). If...more

Lesser Prairie Chicken Listing Vacated by Federal Court - What It Means for Energy Development

Last week, in a decision that surprised many, a federal court in Texas overturned the U.S. Fish & Wildlife Service’s (Service) decision last year to list the lesser prairie chicken (LEPC) as “threatened” under the federal...more

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