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Court of Appeal Decision Extends Lake and Streambed Alteration Program to Water Diversions

In a decision that will have ripple effects on water diversions throughout California, the Court of Appeal held that section 1602 of the Fish and Game Code requires notification to the Department of Fish and Wildlife...more

Federal Wildlife Agencies Issue Final Rule Codifying Practice of Using Surrogates in Incidental Take Statements

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

Outdated requirement results in continued listing of species determined to be recovered

The Modoc sucker (Catostomus microps), a small fish with a range limited to northeast California and south-central Oregon, was listed as endangered in 1985.  A recovery plan for the species was adopted by the Service in 1992,...more

Two petitions filed seeking Supreme Court review of Ninth Circuit decision in Delta smelt case

Recently, two separate petitions were filed with the U.S. Supreme Court seeking review of the Ninth Circuit’s decision in San Luis and Delta Mendota Water Authority v. Jewell, a case involving a challenge to the biological...more

California Fish and Game Commission Votes to List the Gray Wolf as Endangered

In a split decision and contrary to the recommendation of the Department of Fish and Wildlife (Department), the California Fish and Game Commission (Commission) voted to list the gray wolf (Canis lupis) as endangered....more

Broad Duty To Consult Is New Norm Under ESA In 9th Circ.

Recently, the Ninth Circuit sitting en banc issued a landmark decision regarding the consultation provisions of the Endangered Species Act. The consultation provisions require any federal agency that authorizes, funds or...more

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

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

U.S. Fish And Wildlife Service Designates 2,485 Acres As Critical Habitat For Buena Vista Lake Shrew

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

Idaho Enacts Law Declaring The State Has Primacy Over Resident Fish And Wildlife

The State of Idaho enacted a law this spring asserting that the State has “primacy over the management of fish and wildlife.”...more

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