On May 3, 2019, the U.S. Fish and Wildlife Service (“Service”) published a proposed rule to downlist the American burying beetle (Nicrophorus americanus) from endangered to threatened....more
In an article published online this week in BioScience, the American Institute of Biological Sciences’ scholarly journal, Drs. Dennis Murphy and Paul Weiland contribute to the literature on independent scientific review,...more
On November 27, 2018, the U.S. Supreme Court ruled that an area is eligible to be designated as “critical habitat” under the Endangered Species Act (ESA) only if the area is habitat for the relevant threatened or endangered...more
11/30/2018
/ Appeals ,
Conservation ,
Critical Habitat ,
Economic Impact Analysis ,
Endangered Species ,
ESA Listings ,
Judicial Review ,
Private Property ,
SCOTUS ,
US Fish and Wildlife Service ,
Weyerhaeuser Company v United States Fish and Wildlife Service
In WildEarth Guardians et al. v. U.S. Department of Justice, Case Nos. 17-16677, 17-16678, 17-16679 (Oct. 23, 2018), the U.S. Court of Appeals for the Ninth Circuit dismissed plaintiff-appellees case challenging the U.S....more
10/26/2018
/ Appeals ,
Article III ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Jury Instructions ,
Standard of Proof ,
Standing ,
Strict Liability ,
Takings Clause
The Klamath River Renewal Corporation (the “corporation”) recently submitted a plan for the removal of four dams on the lower Klamath River to the Federal Energy Regulation Commission (FERC). ...more
7/24/2018
/ Agricultural Land ,
Critical Habitat ,
Dams ,
Endangered Species ,
Environmental Policies ,
Farms ,
FERC ,
Inland Waterways ,
Native American Issues ,
Natural Resources ,
State and Local Government ,
Tribal Lands ,
Water Rights
The U.S. District Court for the District of New Mexico granted New Mexico’s motion for summary judgment in a case brought by the Humane Society seeking to invalidate State trapping regulations related to cougars (Puma...more
In late May 2018, the Klamath Tribes filed a lawsuit in the United States District Court for the Northern District of California seeking to shut down the Bureau of Reclamation’s Klamath Irrigation Project, which supplies...more
6/7/2018
/ Agricultural Land ,
California Endangered Species Act ,
Conservation ,
Critical Habitat ,
Dams ,
Deregulation ,
Endangered Species ,
Environmental Policies ,
Farms ,
Habitat Conservation Plan ,
Inland Waterways ,
Legislative Agendas ,
Native American Issues ,
Natural Resources ,
Proposed Legislation ,
Regulatory Reform ,
State and Local Government ,
Tribal Lands ,
Water Rights
On April 19, 2018, the California Fish and Game Commission voted 4-0 to list the tricolored blackbird (Agelaius tricolor) as a threatened species. A statewide survey conducted in 2017 estimated the California population of...more
In Friends of the River v. National Marine Fisheries Service, the U.S. District Court for the Eastern District of California rejected challenges to Army Corps of Engineers and National Marine Fisheries Service decisions...more
2/28/2018
/ Critical Habitat ,
Dams ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Claims ,
Hydropower ,
Inland Waterways ,
National Marine Fisheries Service ,
Popular ,
US Army Corps of Engineers ,
Water Diversion ,
Watershed
At its February 2018 meeting, the California Fish and Game Commission (“Commission”) received the one-year status review report on a petition to list tricolored blackbird (Agelaius tricolor) as a threatened or endangered...more
On January 22, 2018, the U.S. Supreme Court granted review of the petition for writ of certiorari in Weyerhauser Co. v. U.S. Fish and Wildlife Service, No. 17-71. Petitioners challenge a 2-1 panel decision issued by the...more
On August 28, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court decision upholding a U.S. Fish and Wildlife Service (“Service”) determination that the Sonoran Desert Area bald eagle does not...more
The election of Donald Trump as President, together with Republican majorities in the House and Senate, is likely to lead to important policy changes across a range of issues. While administration of the Endangered Species...more
11/10/2016
/ Administrative Appointments ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Energy Projects ,
Environmental Policies ,
ESA Listings ,
Judicial Appointments ,
Oil & Gas ,
Pipelines ,
Presidential Nominations ,
Trump Administration ,
Wildlife Protection
In December 2015, Defenders of Wildlife employees published an article in the Proceedings of the National Academy of Sciences, in which they compiled and conducted basic statistical analyses of data regarding section 7...more
The California Fish and Game Commission (Commission) is in the midst of major changes. The Commission, which was established in 1870, has been led by a body of five commissioners since 1937. The Commission has a small staff...more
On August 6, 2015, the California Fish and Game Commission (Commission) voted to list the southern Sierra Nevada evolutionarily significant unit of the fisher (Pekania pennati) as a threatened species under the California...more
On May 1, 2015, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the wildlife agencies) issued a final rule amending the regulations governing consultation under section 7 of the...more
The Transportation Research Bureau (“TRB”), a division of the National Research Council within the National Academies, has released a report entitled Innovative Airport Responses to Threatened and Endangered Species. The...more
Today, in response to a petition to list (pdf) filed by the Center for Biological Diversity (CBD) in October 2014, the California Fish and Game Commission (Commission) extended protection to the tricolored blackbird (agelaius...more
As we reported here, on October 6, 2014, a number of public water agencies and other entities that represent agricultural and municipal water users in California filed a petition for writ of certiorari with the U.S. Supreme...more
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
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
The U.S. Fish and Wildlife Service (Service) designated 2,485 acres in Kern County and Kings County in California as critical habitat for the Buena Vista Lake shrew (Sorex ornatus relictus). ...more