On June 4, 2020, President Trump signed an executive order to provide federal agencies the foundation to speed up environmental permitting in the wake of COVID-19. ...more
6/12/2020
/ Clean Water Act ,
Construction Project ,
Coronavirus/COVID-19 ,
Economic Development ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Executive Orders ,
Infrastructure ,
Marine Life Protections ,
NEPA ,
Permits ,
Regulatory Burden ,
Trump Administration
Yesterday, the U.S. Army Corps of Engineers (Corps) appealed to the United States Court of Appeals for the Ninth Circuit the decision of a lower court to vacate nationwide permit 12 (NWP 12) until the Corps completes...more
On Monday, the United States District Court for the District of Montana issued an order amending its previous order, which had invalidated nationwide permit 12 (NWP 12) on the basis that the U.S. Army Corps of Engineers...more
On April 15, 2020, the U.S. District Court for the District of Montana issued an order that could impact energy and development projects across the United States. ...more
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The U.S. Fish and Wildlife Service (Service) has withdrawn its 2013 proposals to list the bi-state distinct population segment of the greater sage-grouse (Centrocercus urophasianus) in California and Nevada as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
Recently, Lyn Clancy, Managing Associate General Counsel and Senior Policy Advisor for the Lower Colorado River Authority, and I presented on the topic of Endangered Species and Water Supply at the State Bar of Texas’...more
Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more
1/31/2020
/ Comment Period ,
Department of the Interior ,
Deregulation ,
Endangered Species ,
Energy Projects ,
Environmental Policies ,
Incidental Take Permits ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Notice of Intent ,
Proposed Regulation ,
Public Comment ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Standards ,
Rulemaking Process ,
Statutory Interpretation ,
Strict Liability ,
Trump Administration ,
US Fish and Wildlife Service ,
Wind Farm ,
Wind Power
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 Trump Administration announced its long-awaited release of updates to National Environmental Policy Act (NEPA) implementation regulations (Regulations)....more
1/10/2020
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Comment Period ,
Deregulation ,
Environmental Impact Report (EIR) ,
Environmental Review ,
Infrastructure ,
NEPA ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Trump Administration
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 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
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
As we previously reported, more than 150 organizations have requested that the Department of the Interior (DOI) extend the public comment period associated with DOI’s proposed changes to how it will process requests for...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
On December 28, 2018, the Department of the Interior (DOI) published proposed changes to its rules governing how it processes requests for records under the Freedom of Information Act (FOIA) and provided a 30-day timeframe in...more
1/18/2019
/ Comment Period ,
Department of the Interior ,
Endangered Species Act (ESA) ,
Environmental Litigation ,
Federal Budget ,
Federal Funding ,
FOIA ,
Government Shutdown ,
Litigation Strategies ,
Request For Information ,
Rulemaking Process ,
Trump Administration ,
US-Mexico Border Wall
On October 22, 2018, the U.S. Court of International Trade denied the request of various federal agencies to stay an injunction banning the import of Mexican seafood caught with gill nets in the Gulf of California. ...more
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