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Texas District Court Rules FWS Must Consider the Cost of Protecting Threatened Species

On March 29, 2025, a Texas District Court ruled that the U.S. Fish and Wildlife Service (FWS) should have considered economic costs when crafting protections for the lesser-prairie chicken, a threatened species, under Section...more

The Butterfly Effect: FWS Proposes Nationwide Threatened Species Listing for Monarch Butterfly

On December 12, 2024, the U.S. Fish and Wildlife Service (FWS) proposed listing the monarch butterfly as a threatened species with a special section 4(d) rule under the Endangered Species Act (ESA). The special 4(d) rule...more

FWS and NMFS Return to Stricter ESA Rules and Reverse Recent Streamlining Measures

The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (together the Services) have issued three final rules effective May 6, 2024...more

FWS Proposes Uplisting Northern Long-Eared Bat to Endangered Status

Project development east of the Rocky Mountains may be about to become exponentially more difficult in light of a new proposal under the Endangered Species Act (ESA). On March 23, 2022, the U.S. Fish & Wildlife Service (FWS)...more

New Fishing Limits Proposed for Pacific Commercial Chinook Salmon

The Pacific Fishery Management Council (Council) submitted a proposed amendment – Amendment 21 – to the Pacific Coast Salmon Fishery Management Plan (FMP) to the National Marine Fisheries Service (NMFS) for review and...more

Let’s Talk “Habitat”: Competing ESA Definitions Proposed to Provide Regulatory Clarity

Under the Endangered Species Act (ESA), there are a number of key terms that shape the scope of species protection. These key terms, usually defined in the Act itself or through agency regulation, include terms such as...more

New Regulations Reform Implementation of Endangered Species Act

Long-sought reforms to Endangered Species Act (ESA) implementation have arrived. On August 27, 2019, the U.S. Fish and Wildlife Service (FWS) and U.S. National Marine Fisheries Service (NMFS) finalized regulations (the 2019...more

FWS Takes a Mulligan on Greater Sage-Grouse Listing

Effectively restarting a contentious listing process, on April 12, 2019, the United States Fish and Wildlife Service reopened public comment on 2013 proposed rules listing the Bi-State distinct population segment of greater...more

Interior Department Reorganizes into 12 “Unified Regions” – To What Effect On The Ground?

Department of the Interior (“DOI”) Secretary Ryan Zinke announced on August 29, 2018, DOI’s “final” version of its new reorganization plan, which creates 12 new “Unified Regions” primarily intended to coordinate and expedite...more

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