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U.S. Fish And Wildlife Service Lists Three California Amphibians

The U.S. Fish and Wildlife Service (Service) published a final rule in the Federal Register listing the Sierra Nevada yellow-legged frog (Rana Sierrae) and the northern distinct population segment (DPS) of the mountain...more

New Article Takes Stock Of Federal Agency Proposal To Use Surrogates To Establish Take Limits

In an article forthcoming in the Journal of Environmental Studies and Sciences, Dr. Dennis Murphy and I examine a proposal by the Fish and Wildlife Service and National Marine Fisheries Service to amend the existing...more

Science And Structured Decision Making: Fulfilling The Promise Of Adaptive Management For Imperiled Species

Abstract Scientists and policy makers have shown great industry in popularizing the concept of adaptive management for imperiled species, principally by promulgating slightly varying, multi-step adaptive-management cycles....more

House Passes Healthy Forests Bill That Would Amend ESA With Respect To Forest Reserve Projects

On September 20, 2013, H.R. 1526, the Restoring Healthy Forests for Healthy Communities Act, was passed by the House of Representatives by a vote of 244-173. Shortly thereafter, the bill was referred to the Senate Committee...more

Federal Wildlife Agencies Issue Proposed Rule That Would Codify Practice Of Using Surrogates In Incidental Take Statements

On September 4, 2013, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the Services) issued a proposal rule to amend the regulations governing consultation under section 7 of the...more

Corps Of Engineers Issues Guidance Regarding Section 7(a)(2) Consultation

On June 11, 2013, the U.S. Army Corps of Engineers issued a guidance memo regarding its obligations under section 7 of the Endangered Species Act....more

Plaintiffs Claim Victory In Sharp Park Case Despite Mixed Record Of Success

On July 1, 2013, the United States District Court for the Northern District of California issued an order granting, in part, Plaintiffs’ motion for attorneys fees in Wild Equity Institute v. City and County of San Francisco,...more

Court Grants Federal Government Additional Year To Issue New Biological Opinions For California Water Projects

On April 9, 2013, the United States District Court for the Eastern District of California ruled on a motion by the United States and the State of California to extend the period of time to issue new biological opinions...more

Fifth Circuit Stays Injunction In Whooping Crane Case

The United States Court of Appeals for the Fifth Circuit stayed an injunction issued by the United States District Court for the Southern District of Texas requiring the State to prepare a habitat conservation plan for the...more

A Victory for Water Users in Siskiyou County

Water users in Siskiyou County have avoided an additional hurdle to exercising their valid water rights, according to the Siskiyou County Superior Court. On December 24, 2012, Judge Karen L. Dixon held that the legislature...more

California Appellate Court Restricts Use Of CESA Delisting Petitions

In Central Coast Forest Assoc. v. California Fish and Game Commission, the California Court of Appeal, Third Appellate District held that a petition to delist the endangered coho salmon (Oncorhynchus kisutch) under the...more

District Court Allows Action For ESA Violations To Proceed Regarding Naval Operations Off The Atlantic Coast

On December 26, 2012, in Strahan v. Roughead, the United States District Court for the District of Massachusetts denied a motion brought by federal defendants to dismiss as moot plaintiffs’ claims that the Navy is operating...more

Federal District Court Dismisses Lawsuit Alleging San Francisco Harmed Endangered Species At Sharp Park

In an order issued on December 6, 2012, the United States District Court for the Northern District of California dismissed a lawsuit brought by Wild Equity and other plaintiffs alleging violations of the Endangered Species...more

Federal District Court Dismisses Lawsuit Alleging San Francisco Harmed Endangered Species at Sharp Park

In an order issued on December 6, 2012, the United States District Court for the Northern District of California dismissed a lawsuit brought by Wild Equity and other plaintiffs alleging violations of the Endangered Species...more

NMFS Releases Draft Recovery Plan For Steelhead On The South-Central California Coast

The National Marine Fisheries Service (NMFS) has released a public draft recovery plan for the distinct population segment (DPS) of steelhead (Oncorhynchus mykiss) that occupies California's South-Central Coast. NMFS...more

D.C. Circuit Holds That Recovery Plan Objectives Are Not Binding On The Services

In a 2-1 decision, the United States Court of Appeals for the District of Columbia Circuit recently upheld the decision of the Fish and Wildlife Service to delist the West Virginia northern flying squirrel (Glaucomys sabrinus...more

Service Announces Delisting Of Gray Wolf In Wyoming

We previously reported the Fish and Wildlife Service's intention to delist the gray wolf (Canis lupus) in the State of Wyoming. Today the Service announced "that the Wyoming population of gray wolves is recovered and no...more

Ninth Circuit Dismisses Challenge to Injunction in Delta Smelt Case

The United States Court of Appeals for the Ninth Circuit has granted a motion by appellees to dismiss an appeal pursued by the Natural Resources Defense Council and other organizations from an interim order enjoining one...more

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