On August 18, 2021, the U.S. Fish and Wildlife Service (“Service”) published in the Federal Register a final rule designating more than 1,315 acres across 14 units as critical habitat (“Final Rule”) for two neotenic...more
8/27/2021
/ Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Final Rules ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Rulemaking Process ,
US Fish and Wildlife Service
Today, the U.S. Fish and Wildlife Service (“Service”) published in the Federal Register a proposal to list six Central Texas mussel species under the Endangered Species Act (“ESA”), to issue an ESA section 4(d) rule for one...more
On June 29, 2021, fourteen members of Congress delivered a letter to Secretary of the Interior Deb Haaland, urging the U.S. Fish and Wildlife Service (Service) to use its authority to list the monarch butterfly (Danaus...more
On June 7, 2021, the U.S. Supreme Court (“SCOTUS”) agreed with the Department of Justice and declined to hear a case brought by the Kansas Natural Resource Coalition (Coalition) challenging the U.S. Fish and Wildlife...more
6/10/2021
/ Article III ,
Congressional Review Act ,
Conservation ,
Denial of Certiorari ,
Department of the Interior ,
Endangered Species ,
Environmental Policies ,
ESA Listings ,
Injury-in-Fact ,
Judicial Review ,
Rulemaking Process ,
SCOTUS ,
Standing ,
US Fish and Wildlife Service
On June 4, 2021, the Biden Administration announced its intent to rescind or revise several implementing regulations for the Endangered Species Act (ESA) finalized under the prior administration. ...more
6/8/2021
/ Conservation ,
Critical Habitat ,
Delisting ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Rulemaking Process ,
US Fish and Wildlife Service ,
Weyerhaeuser Company v United States Fish and Wildlife Service
On April 8, 2020 the U.S. Fish and Wildlife Service (Service) announced its next step in conservation of the Monarch butterfly (Danaus plexippus plexippus): finalization of the Nationwide Candidate Conservation Agreement for...more
The U.S. Fish and Wildlife Service (Service) has withdrawn its 2013 proposals to list the bi-state distinct population segment of the greater sage-grouse (Centrocercus urophasianus) in California and Nevada as threatened, to...more
On March 17, the United States Court of Appeals for the Tenth Circuit (Tenth Circuit) overturned a New Mexico district court decision in which the lower court upheld the U.S. Fish and Wildlife Service’s (USFWS) designation of...more
This week, the U.S. Fish and Wildlife Service (USFWS) announced its opening of 5-year status reviews for 25 southeastern species and 10 southwestern species. Among the species included in the status review are the dusky...more
Yesterday, in Center for Biological Diversity v. Everson?, the United States District Court for the District of Columbia overturned the U.S. Fish and Wildlife Service’s (USFWS) decision to list the northern long-eared bat...more
1/29/2020
/ Center for Biological Diversity ,
Chevron Deference ,
Chevron v NRDC ,
Conservation ,
Critical Habitat ,
Deregulation ,
Endangered Species ,
Environmental Policies ,
Environmental Review ,
ESA Listings ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Remand ,
Rulemaking Process ,
US Fish and Wildlife Service ,
Vacated
On January 28, 2020, the U.S. Fish and Wildlife Service (USFWS) published a notice and request for information in connection with USFWS’s initiation of 5-year status reviews for 66 species found in California and Nevada....more
1/29/2020
/ Comment Period ,
Conservation ,
Critical Habitat ,
Deregulation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Environmental Review ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Request For Information ,
Rulemaking Process ,
US Fish and Wildlife Service
Yesterday, the U.S. Senate confirmed Aurelia Skipwith as the Director of the U.S. Fish and Wildlife Service (USFWS) by a vote of 52-39. Ms. Skipwith’s confirmation fell mostly along party lines, with three Democratic...more
On August 27, 2019, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) announced the finalization of regulations governing implementation of various aspects of the Endangered Species Act...more
9/25/2019
/ Compliance Dates ,
Conservation ,
Consultation ,
Critical Habitat ,
Delays ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
New Regulations ,
Regulatory Oversight ,
Regulatory Reform ,
US Fish and Wildlife Service
More than a year after the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) published proposals to revise several Endangered Species Act (ESA) implementing...more
8/13/2019
/ Conservation ,
Critical Habitat ,
Deregulation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
OIRA ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Takings ,
Rulemaking Process ,
Trump Administration ,
US Fish and Wildlife Service
On March 28, 2019, a federal judge overturned the U.S. Fish and Wildlife Service’s (“USFWS”) rejection of a petition to delist an endangered karst invertebrate species, the Bone Cave harvestman (Texella reyeisi) (“BCH”),...more
4/5/2019
/ Administrative Procedure Act ,
Conservation ,
Critical Habitat ,
Delisting ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Remand ,
US Fish and Wildlife Service
On February 6, 2019, a federal judge upheld U.S. Fish and Wildlife Service’s (Service) 90-day finding that a petition to delist the endangered golden-cheeked warbler (Petition) did not present substantial information that...more
The longest partial government shutdown in United States history is taking its toll on Endangered Species Act (ESA) policy initiatives championed by the Trump Administration, and is making ESA compliance and project...more
1/25/2019
/ Conservation ,
Critical Habitat ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Federal Budget ,
Federal Funding ,
Government Shutdown ,
Rulemaking Process ,
Trump Administration ,
US Fish and Wildlife Service ,
US-Mexico Border Wall
In recent weeks, the Trump Administration and Congress have proposed changes to the Endangered Species Act (“ESA”) and its implementing regulations. ...more
7/25/2018
/ Conservation ,
Critical Habitat ,
Deregulation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Legislative Agendas ,
National Marine Fisheries Service ,
Proposed Legislation ,
Regulatory Oversight ,
Regulatory Reform ,
Trump Administration ,
US Fish and Wildlife Service
On Monday, April 2, 2018, multiple news outlets reported that the U.S. Fish and Wildlife Service (“FWS”) submitted a proposal to change its existing policy regarding the prohibition on “take” for species listed as threatened...more
4/16/2018
/ Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Incidental Take Permits ,
Jurisdiction ,
Proposed Rules ,
Regulatory Reform ,
US Fish and Wildlife Service