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[Event] Nossaman's 2019 California Land Use Seminar - May 21st, Costa Mesa, CA

With recent changes in state and federal leadership, as well as continuing developments from the Trump Administration, this seminar is a must-attend event for anyone involved in land use, zoning, environmental permitting,...more

Partial Government Shutdown Slows Endangered Species Act Administration

The effects of the partial Federal government shutdown are being felt at the U.S. Fish and Wildlife Service (“Service”). The shutdown has virtually halted the Service’s processing of pending rulemakings under the Endangered...more

Petition Filed to List Bumble Bee as Endangered Under the California ESA

On October 16, 2018, the Xerces Society for Invertebrate Conservation, Defenders of Wildlife, and the Center for Food Safety submitted a petition to the California Fish and Game Commission (Commission) to list the Crotch...more

California Lists Humboldt Marten and Rare Flower as Endangered

On August 23, 2018, the California Fish and Game Commission (“Commission”) listed the Humboldt marten (Marten caurina humboldtensis) as an endangered species under the California Endangered Species Act (“CESA”). The...more

Administration Announces Comprehensive Revisions to Endangered Species Act Implementing Regulations

In the Fall 2017 publication of the Unified Agenda of the Office of Information and Regulatory Affairs, the Department of the Interior announced its intent to revise the U.S. Fish and Wildlife Service’s regulations governing...more

U.S. Fish and Wildlife Service Lists Three New Species; National Marine Fisheries Services Lists Subspecies of Hector’s Dolphin

On September 20, 2017, the U.S. Fish and Wildlife Service (“USFWS”) listed three separate species under the Endangered Species Act (“ESA”). USFWS listed the Sonoyta mud turtle (Kinosternon sonoriense) as endangered, and the...more

ESA Reform Update

Battle lines are being drawn in connection with ongoing efforts by lawmakers to reform the Endangered Species Act (“ESA”). In a letter addressed to the leaders of both houses of Congress, the Senate Environmental and Public...more

Ninth Circuit Rules Injury from Future Water Rights Restrictions Too Speculative for Article III Standing

On February 21, 2017, the U.S. Court of Appeals for the Ninth Circuit held that the San Luis & Delta-Mendota Water Authority and Westlands Water District (collectively, “Water Contractors”) lacked Article III standing to...more

USFWS Initiates Status Review for Lesser Prairie-Chicken

The U.S. Fish and Wildlife Service (“Service”) recently published a positive 90-day finding on a petition to list the Lesser Prairie-Chicken (Tympanuchus pallidicinctus) and three distinct population segments as endangered...more

U.S. Supreme Court Denies U.S. Forest Service’s Petition for Review in Canadian Lynx Case

On October 11, 2016, the U.S. Supreme Court denied the U.S. Forest Service’s (“Forest Service”) petition for writ of certiorari to review the U.S. Court of Appeal for the Ninth Circuit’s decision in Cottonwood Environmental...more

Northern Spotted Owl Listed As a Threatened Species Under the California Endangered Species Act

On August 25, 2016, the California Fish and Game Commission (Commission) voted unanimously to list the northern spotted owl (Strix occidentalis caurina) as a threatened species under the California Endangered Species Act. ...more

USFWS Publishes Final Methodology for Prioritizing Listing Petition Status Reviews

On July 27, 2016, the U.S. Fish and Wildlife Service (“USFWS”) published a Federal Register notice of its final Methodology for Prioritizing Status Reviews and Accompanying 12-Month Findings on Petitions for Listing Species...more

D.C. Circuit Holds Injury Exists Where Statutory Enactment Denies Plaintiff’s Right to Information; Upholds Section 9 Exemption...

On June 3, 2016, the U.S. Court of Appeals for the D.C. Circuit held in Friends of Animals v. Jewell (No. 1:14-cv-00357) that Plaintiff Friends of Animals (“Plaintiff”) had Article III standing to pursue a constitutional...more

U.S. Fish and Wildlife Service Authorizes Take of the Last Known Wild Jaguar in the United States

On April 28, 2016, the U.S. Fish and Wildlife Service (USFWS) issued a revised Biological Opinion and Incidental Take Permit for the Rosemont Copper Mine in Pima County, Arizona. USFWS originally issued a Biological Opinion...more

Is Their Fate Sealed? Alaska District Court Vacates Regulation Listing Arctic Ringed Seal Populations as Threatened and...

On March 15, 2016, in Alaska Oil & Gas Association v. National Marine Fisheries Service, case number 4:14-cv-00029-RRB, the U.S. District Court for the District of Alaska vacated a final regulation promulgated by the National...more

Court Holds Inadequate Veterinary Care, Sanitation, and Lack of Environmental Enrichment Constitute a Taking Under the Endangered...

On February 11, 2016, in Kuehl v. Cricket Hollow Zoo, Case No. C14-2034, the United States District Court for the Northern District of Iowa ruled that the owners and operators of the Cricket Hollow Zoo, located in rural...more

CESAR Files Delta Smelt ESA Suit Against DWR, Interior and USFWS

On November 19, 2015, the Center for Environmental Science, Accuracy and Reliability (CESAR) filed a lawsuit against the California Department of Water Resources (DWR), the U.S. Department of the Interior (Interior) and the...more

U.S. Fish and Wildlife Service Determines that Listing of Sierra Nevada Red Fox is Warranted at the Distinct Population Segment...

In a notice published on October 8, 2015, the U.S. Fish and Wildlife Service (Service) announced its proposed 12-month finding on the Center for Biological Diversity’s (CBD) petition to list the Sierra Nevada red fox (Vulpes...more

[Event] Nossaman's 2015 Environmental and Land Use Seminar - September 22nd, Newport Beach, CA

Nossaman will host a complimentary half-day seminar comprised of panel discussions on a spectrum of critical federal and state environment and land use issues, including new federal rules implementing the Clean Water Act and...more

Feinstein Introduces the California Emergency Drought Relief Act

Senator Dianne Feinstein (D-CA) introduced a bill last week to help address ongoing and future drought in California. The bill, known as the California Emergency Drought Relief Act (Act), is expected to be folded into broader...more

Sage Grouse Status Hangs in the Balance as BLM Moves to Adopt Conservation Plans for Ten Western States

On May 29, 2015, the U.S. Bureau of Land Management (BLM), in cooperation with the U.S. Forest Service, released Final Environmental Impact Statements for proposed amendments to existing Resource Management Plans (RMPs) for...more

“21st Century Endangered Species Transparency Act” Introduced in House

On March 26, 2015, House of Representatives Republican Cynthia Lummis (R-WY) introduced a bill (H.R. 1667) to amend Section 4(b) of the Endangered Species Act (ESA) to require the Secretary of Interior to “make publicly...more

The Oregon chub is the first fish species ever to be declared recovered and removed from threatened species listing

On February 17, 2015, the U.S. Fish and Wildlife Service announced its final decision to remove the Oregon chub (Oregonichthys crameri) from the Federal List of Endangered and Threatened Wildlife under the Federal Endangered...more

Notice Period Doesn't Cause 9th Circ. To Pause on ESA

The decision by the Ninth Circuit in Alliance for the Wild Rockies v. U.S. Dep't of Agriculture, No. 13-35253 (9th Cir. Nov. 20, 2014), permitting plaintiffs to amend a complaint to add claims under the federal Endangered...more

Ninth Circuit Lifts the Veil: Explains How to Comply With Endangered Species Act 60-Day Notice Requirement

The federal Endangered Species Act (ESA) imposes certain procedural hurdles on any would-be plaintiff commencing a citizen suit to compel compliance with the ESA. One of the more substantive requirements is the 60-day notice...more

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