The U.S. Fish and Wildlife Service (Service) has published a proposed rule to list 21 species as endangered and 2 species as threatened under the Endangered Species Act (ESA). Of the 21 species the Service proposes to list as...more
On Friday, the U.S. Fish and Wildlife Service (Service) issued a final rule revising the critical habitat designation for the contiguous United States distinct population segment (DPS) of the Canada lynx (Lynx canadensis) and...more
On July 30, 2014, the United States Court of Appeals for the Fifth Circuit held that the issuance of a jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) is not a final agency action subject to...more
The U.S. Fish and Wildlife Service (Service) announced today that it is withdrawing its proposal to list the North American wolverine (Gulo gulo luscus) as threatened under the Endangered Species Act (ESA). The decision to...more
The U.S. Fish and Wildlife Service (Service) recently announced a proposed policy establishing credits for voluntary prelisting conservation actions for imperiled species. The policy is intended to establish an additional...more
The U.S. Fish and Wildlife Service (Service) recently announced that it will be conducting a 12-month status review for the Humboldt marten (Martes americana humboldtensis) to determine whether to list the species as...more
In This Issue:
- AUTHOR'S ACKNOWLEDGMENTS
- GUIDANCE FOR MANAGING LEGAL RISKS IN THE NEPA PROCESS
..Early Identification and Assessment of Legal Risks
..Methods for Managing Legal Risks
..Legal Risk...more
6/2/2014
/ Department of Transportation (DOT) ,
Environmental Review ,
Federal Highway Administration ,
Highways ,
NEPA ,
Public Improvement Projects ,
Public Projects ,
Risk Assessment ,
Risk Mitigation ,
Surface Transportation ,
Waters of the United States
Recently, the United States District Court for the District of Montana ordered the U.S. Fish and Wildlife Service (Service) to develop a timeline for completion of recovery planning for the Canada lynx (Lynx canadensis). ...more
The Los Angeles Times reports that the California Fish and Game Commission (Commission) unanimously voted to postpone a decision on whether to list the gray wolf (Canis lupus) under the California Endangered Species Act...more
Yesterday, the U.S. Fish and Wildlife Service (Service) announced the final listing of the lesser prairie-chicken (Tympanuchus pallidicinctus) as threatened under the Endangered Species Act (ESA). The Service identified...more
On Jan. 22, 2014, the Ninth Circuit held that the final environmental impact statement ("FEIS") and supplemental environmental impact statement ("SEIS") regarding the effects of proposed leases for oil and gas development in...more
The U.S. Fish and Wildlife Service (Service) recently issued a proposed rule to remove Eureka Valley evening-primrose (Oenothera avita ssp. eurekensis) and Eureka dune grass (Swallenia alexandrae) from the federal list of...more
The U.S. Fish and Wildlife Service (Service) announced that it will prepare an Environmental Impact Statement (EIS) on a proposed application for an Incidental Take Permit (ITP), including a Habitat Conservation Plan (HCP),...more
On January 22, 2014, the United States Court of Appeals for the Ninth Circuit held that the Final Environmental Impact Statement ("FEIS") and Supplemental Environmental Impact Statement ("SEIS") regarding the effects of...more
The National Marine Fisheries Service (Service) recently announced a proposed amendment to the regulatory language of the Endangered Species Act (ESA) listing for the Southern Resident killer whale Distinct Population Segment...more
The U.S. Fish and Wildlife Service (Service) recently released its draft economic analysis (DEA) for its proposal to designate critical habitat for the Sierra Nevada yellow-legged frog (Rana sierrae), the northern distinct...more
The U.S. Fish and Wildlife Service (Service) recently announced the completion of its status review of Coleman’s coralroot (Hexalectris colemanii), a species of orchid found in southeastern Arizona and southwestern New...more
On Thursday, December 12, 2013, the House Natural Resources Committee (Committee) will hold a full committee oversight hearing (pdf) titled “ESA Decisions by Closed-Door Settlement: Short-Changing Science, Transparency,...more
The Bureau of Land Management (BLM) today issued a draft Oregon Greater Sage-Grouse Land Use Plan Amendment and Environmental Impact Statement (LUP Amendment/EIS) for the Oregon Sub-Region. Once finalized, the LUP...more
The U.S. Fish and Wildlife Service (Service) recently announced the reopening of the public comment periods for its January 11, 2013 proposed rules to list the Gunnison sage-grouse (Centrocercus minimus) as endangered under...more
On November 1, 2013, the U.S. Bureau of Land Management (BLM), as lead agency, and the U.S. Forest Service (Service), as cooperating agency, issued the Nevada and Northeast California Greater Sage-Grouse Draft Land Use Plan...more
Today, the U.S. Fish and Wildlife Service (Service) published its final determination that the ashy storm-petrel (Oceanodroma homochroa) does not warrant listing under the Endangered Species Act (ESA) at this time. The...more
The U.S. Fish and Wildlife Service (Service) recently listed the Jemez Mountains salamander (Piethodon neomexicanus) as endangered under the Endangered Species Act (ESA). The Service also recently published a final rule...more
On August 22, 2013, U.S. Representative Cynthia Lummis (R-Wyo) and the Chairman of the House Natural Resources Committee, Doc Hastings (R-Wash), announced that the Congressional Endangered Species Act (ESA) Working Group will...more
On August 19, 2013, the U.S. Fish and Wildlife Service (Service) announced its decision to list the Austin blind salamander (Eurycea waterlooensis) as endangered and the Jollyville Plateau salamander (Eurycea tonkawae) as...more