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Trump Administration Finalizes Major Changes to Endangered Species Act Regulations

The U.S. Fish and Wildlife Service and National Marine Fisheries Service issued a set of three new final rules on August 12, 2019, that substantially revise the regulations implementing the Endangered Species Act. The new...more

Supreme Court Limits Authority to Designate Critical Habitat Under Endangered Species Act

In a unanimous decision with immediate repercussions for the administration of the Endangered Species Act (ESA), the U.S. Supreme Court held that an area is eligible for designation as critical habitat under the ESA only if...more

Trump Administration Withdraws Obama-Era Environmental Mitigation Policies

Late last week, the U.S. Fish and Wildlife Service withdrew two environmental policies adopted in late 2016 by the Obama administration that address mitigation for impacts to natural resources. These two policies established...more

Major Changes Proposed to Endangered Species Act Regulations

The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) published three proposed rules last week that would revise the regulations implementing portions of the...more

Ninth Circuit Reinstates Polar Bear Habitat Designation, ESA Implications for the West

In a decision that could result in significant new restrictions on development activities in the Arctic as well as set important Endangered Species Act (ESA) precedent in the Western United States, the U.S. Court of Appeals...more

New Critical Habitat Regulations Published Under the Endangered Species Act

On February 11, 2016, the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service jointly published final regulations and a final policy addressing critical...more

Sonoran Desert Tortoise Not Endangered or Threatened Says FWS

The United States Fish and Wildlife Service determined on October 5, 2015 that the Sonoran Desert Tortoise, found primarily in Arizona, does not qualify as either an endangered or threatened species under the Endangered...more

Proposed Endangered Species Act Regulations Would Change Critical Habitat Rules

On May 12, 2014, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service jointly published two proposed regulations and a draft policy concerning critical habitat designations under the Endangered Species...more

Fish And Wildlife Service Considers Increased Regulation Of Oil And Gas In Refuges

The U.S. Fish and Wildlife Service announced on February 24 that it will be developing proposed regulations to adopt a significantly more stringent approach to the management of oil and gas activities associated with any...more

Final Rule Issued On Economic Impact Analyses For Endangered Species Act Critical Habitat Designations

On August 28, 2013, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services) issued a final rule revising their regulations for analyzing the economic impacts of critical habitat designation...more

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