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Revisions to Endangered Species Act ‎Regulations Reverse Some Trump, ‎Keep Some Trump, Raise ‎Opportunity for Mischief

On April 5, 2024, The U.S. Fish & Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (collectively, the “Services”) finalized a series of rules reversing certain revisions to the Services’...more

A Precautionary Tale: D.C. Circuit ‎Strikes Down Precautionary Principle Under the ‎Endangered ‎Species Act

On June 16, 2023, a three-judge panel of the U.S. Court of Appeals for the District of Columbia ruled unanimously that the National Marine Fisheries Service (“NMFS”), when faced with insufficient data, cannot rely on...more

Playing Chicken: What USFWS’ Proposed Listing of the Lesser Prairie Chicken Means for Energy Companies

On May 24, 2021, the U.S. Fish and Wildlife Service (FWS) released a proposed rule to list two distinct population segments (DPS) of the lesser prairie chicken (LEPC) under the Endangered Species Act (ESA). If the listing...more

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