Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape...more
Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape...more
8/1/2024
/ Bald and Golden Eagle Protection Act ,
Clean Water Act ,
Endangered Species Act (ESA) ,
Energy Projects ,
Environmental Policies ,
Federal Land ,
Greenhouse Gas Emissions ,
Natural Resources ,
NEPA ,
Permits ,
Webinars
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
From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more
9/14/2022
/ Bald and Golden Eagle Protection Act ,
Biden Administration ,
Clean Water Act ,
Climate Change ,
Conservation ,
Environmental Litigation ,
Environmental Policies ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Permits ,
Regulatory Requirements ,
US Army Corps of Engineers
From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more
8/12/2022
/ Bald and Golden Eagle Protection Act ,
Biden Administration ,
Clean Water Act ,
Climate Change ,
Conservation ,
Continuing Legal Education ,
Environmental Litigation ,
Environmental Policies ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Permits ,
Regulatory Requirements ,
US Army Corps of Engineers ,
Webinars
In the last few weeks, the U.S. Fish and Wildlife Service (Service) has published several major regulatory actions affecting federal avian protections. The Service has repealed a Trump-era rule that excluded incidental take...more
10/8/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bald and Golden Eagle Protection Act ,
Biden Administration ,
Comment Period ,
Endangered Species ,
Environmental Policies ,
Incidental Take Permits ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
Oil & Gas ,
Regulatory Reform ,
Rulemaking Process ,
US Fish and Wildlife Service
On May 5, 2021, the U.S. Fish and Wildlife Service (“USFWS”) published its updated collision risk model (“CRM”) for bald and golden eagles at wind energy facilities. The CRM is a complex Bayesian model the USFWS has endorsed...more
On December 13, 2018, the United States District Court for the District of Colorado vacated an eagle take permit issued by the U.S. Fish and Wildlife Service (“Service”) authorizing a construction company to disturb a pair of...more
On December 16, 2016, the U.S. Fish and Wildlife Service (Service) issued a long-awaited final rule (Rule) revising the regulations that govern the Service’s eagle take permit program (Eagle Permit Program) under the Bald and...more
On May 6, 2016, the U.S. Fish and Wildlife Service (“Service”) published its proposed revisions to the Bald and Golden Eagle Protection Act (“BGEPA”) permit program. The stated intention of these proposed revisions is to...more
On March 29, 2016, the U.S. District Court for the Southern District of California granted summary judgment in favor of the Bureau of Indian Affairs (“BIA”) in a lawsuit involving the grant of a lease to Tule Wind, LLC for...more
4/19/2016
/ Bald and Golden Eagle Protection Act ,
Bureau of Indian Affairs ,
Critical Habitat ,
Endangered Species ,
Energy Sector ,
Migratory Bird Treaty Act (MBTA) ,
Native American Issues ,
NEPA ,
Right of Way ,
Tribal Lands ,
Wind Power
On August 11, 2015, the United States District Court for the Northern District of California found that the U.S. Fish and Wildlife Service ("Service") had inappropriately relied on a categorical exclusion under the National...more