The Trump administration changes course on regulatory interpretations relating to the scope of protections for endangered and threatened species and migratory birds. ...more
5/6/2025
/ Chevron Deference ,
Endangered Species Act (ESA) ,
Government Agencies ,
Incidental Take Permits ,
Loper Bright Enterprises v Raimondo ,
Migratory Bird Treaty Act (MBTA) ,
Proposed Rules ,
Rulemaking Process ,
Statutory Interpretation ,
Trump Administration ,
US Fish and Wildlife Service
On March 19, 2017, 52 new or reissued nationwide permits (NWPs) for discharges into “waters of the United States,” issued pursuant to Section 404(e) of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act...more
Modifications and updates to the general permits will impact both new and ongoing projects, including in energy, mining, transportation, and construction sectors.
Key Points:
- Nationwide Permits 12 and 14, which...more
On May 2, 2016, the US Fish & Wildlife Service (FWS) announced its second attempt to revise its rules authorizing eagle take permits under the Bald and Golden Eagle Protection Act (Eagle Act). The rule would extend the...more
On September 4, 2015, the US Court of Appeals for the Fifth Circuit issued a ruling in United States v. CITGO that a “taking” subject to prosecution under the Migratory Bird Treaty Act (MBTA) does not include the...more
On August 11, 2015, the US District Court for the Northern District of California remanded a US Fish & Wildlife Service’s (FWS) 2013 final rule that had extended the maximum duration of eagle take programmatic permits under...more
8/20/2015
/ American Bird Conservancy ,
Bald and Golden Eagle Protection Act ,
Endangered Species Act (ESA) ,
Energy Projects ,
Energy Sector ,
Environmental Impact Report (EIR) ,
Final Rules ,
Incidental Take Permits ,
NEPA ,
Regulatory Agenda ,
Remand ,
Renewable Energy ,
Takings Clause ,
US Fish and Wildlife Service