On December 21, 2023, I published a post on the Center for California Water Resources Policy and Management’s DeltaCurrents blog discussing integration of resource optimization into endangered species policy to improve...more
12/28/2023
/ California ,
Critical Habitat ,
Endangered Species ,
Environmental Policies ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
Regulatory Oversight ,
US Fish and Wildlife Service ,
Water ,
Water Conservation ,
Water Resources Facilities ,
Water Supplies ,
Wildlife Protection
On June 16, 2023, in a highly anticipated decision, the United States Court of Appeal for the D.C. Circuit set aside a biological opinion regarding the effects of the federal lobster fishery on the North Atlantic right whale...more
6/21/2023
/ Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
Regulatory Oversight ,
US Fish and Wildlife Service ,
Vacated
Recently, the United States District Court for the Northern District of California refused to dismiss a lawsuit filed by a concerned citizen against the U.S. Army Corps of Engineers (Corps) and National Marine Fisheries...more
3/14/2023
/ California ,
Dams ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Litigation ,
Environmental Policies ,
Environmental Violations ,
Incidental Take Permits ,
National Marine Fisheries Service ,
Rivers ,
US Army Corps of Engineers
On December 15, 2020, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (collectively, the agencies) released a pre-publication version of a final rule providing a definition of “habitat” for the...more
12/17/2020
/ Conservation ,
Corporate Counsel ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
Regulatory Oversight ,
Regulatory Reform ,
US Fish and Wildlife Service
The State of California recently sent a 60-day notice of intent to sue to the Secretaries of Commerce and the Interior and concurrently filed a lawsuit in the U.S. District Court for the Northern District of California...more
2/27/2020
/ Central Valley ,
Endangered Species Act (ESA) ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
National Marine Fisheries Service ,
Natural Resources ,
Notice of Intent ,
Secretary of Commerce ,
Secretary of the Interior ,
State and Local Government ,
Water ,
Water Quality Control Boards ,
Water Resources Control Board ,
Water Supplies
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
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 National Marine Fisheries Service (NMFS) has released its final recovery plan for Central Valley spring-run Chinook salmon, Sacramento River winter-run Chinook salmon, and Central Valley steelhead. Sacramento River...more
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
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
In a unanimous panel decision, the United States Court of Appeals for the Fourth Circuit held that a biological opinion issued by the National Marine Fisheries Service (NMFS) regarding the effects of three pesticides on...more
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
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