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Allen Matkins

Joshua Tree Conservation Plan Remains Under Review

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The California Fish and Game Commission (Commission) accepted public comment on the draft Western Joshua Tree Conservation Plan (Draft Conservation Plan) at its February 12, 2025 meeting, but no formal action was taken. As...more

ArentFox Schiff

Iconic Monarch Butterfly Designated for Possible Endangered Species Act Protection: Potential Impacts on Agriculture

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On December 12, the US Fish and Wildlife Service (FWS) issued a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act of 1973 (ESA). Endangered and Threatened Wildlife and...more

Vorys, Sater, Seymour and Pease LLP

USFWS lists Monarch Butterfly as Threatened under Endangered Species Act

On December 12, 2024, the U.S. Fish and Wildlife Service (USFWS) proposed listing the monarch butterfly as threatened under the Endangered Species Act (ESA). This proposal includes a 4(d) rule offering species-specific...more

Nossaman LLP

Protections Proposed for Monarch Butterfly

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On December 10, 2024, the U.S. Fish and Wildlife Service (Service) released its long-anticipated listing proposal for the monarch butterfly (Danaus plexippus), along with a proposed critical habitat designation and...more

Brownstein Hyatt Farber Schreck

New CESA Candidate Species Impacts Project Permitting Requirements Throughout California

At its Oct. 9-–10, 2024, meeting in Sacramento, the California Fish and Game Commission (Commission) unanimously voted to make the western burrowing owl a “candidate” species under the California Endangered Species Act...more

Troutman Pepper Locke

California Open to Input on Endangered Species Listing for Burrowing Owl

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The western burrowing owl was just recently elevated to a “candidate species” under the California Endangered Species Act (CESA) by the California Department of Fish and Wildlife (CDFW). As a candidate species, the owl now...more

Nossaman LLP

U.S. Fish and Wildlife Service Issues Final Northern Long-eared Bat and Tricolored Bat Guidance

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On Wednesday, October 23, the U.S. Fish and Wildlife Service (Service) released final guidance and tools (Final Guidance) to assist project proponents with Endangered Species Act (ESA) compliance with respect to the northern...more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Listing, Designating Critical Habitat for Kentucky Creekshell

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On September 17, 2024, the U.S. Fish and Wildlife Service (Service) proposed listing the Kentucky creekshell (Villosa ortmanni) as an endangered species under the Endangered Species Act (ESA) and designating critical habitat...more

Nossaman LLP

California’s “Room to Roam Act:” Factoring Wildlife Connectivity Into Land Use Planning

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Recently, the California Assembly passed Assembly Bill 1889, the “Room to Roam Act.” If enacted without changes, the Room to Roam Act would amend Section 65302 of the Government Code to add certain “fish, wildlife, and...more

Nossaman LLP

Dunes Sagebrush Lizard Earns Spot on Endangered Species List

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On May 20, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule listing the dunes sagebrush lizard (Scleroperus arenicolus) (DSL) as endangered (Final Rule) under the Endangered Species Act (ESA). In the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Rule to Revise Criteria for Designating and Delisting Species and...

On Friday, April 5, 2024, the U.S. Fish & Wildlife Service (the “Service”) finalized a rule clarifying the procedures and criteria for listing, reclassifying, and delisting species on the Lists of Endangered and Threatened...more

Nossaman LLP

U.S. Fish and Wildlife Service Updates Permitting Regulations

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Tomorrow, the U.S. Fish and Wildlife Service (Service) will publish its final rule updating regulations implementing section 10 of the Endangered Species Act (Section 10), which addresses the agency’s issuance of incidental...more

Nossaman LLP

Services Finalize Endangered Species Act Regulatory Revisions

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On March 27, 2024, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) made available pre-publication versions of the agencies’ long-awaited updates to...more

Nossaman LLP

Unified Agenda Forecasts Proposed and Final Listings and Critical Habitat Designations for Species Found in Eastern States

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As previously reported, on December 6, the Biden Administration published the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), outlining the various regulatory and deregulatory actions the...more

Nossaman LLP

Unified Agenda Forecasts Anticipated Timing of ESA Regulations

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As we have previously reported, on December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda). The Unified Agenda, published twice a year, lists the...more

Nossaman LLP

Western States Will See Species Listings, Critical Habitat Designations According to Unified Agenda

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As we have previously reported, on December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which lists the regulatory and deregulatory actions that...more

Nossaman LLP

Unified Agenda Foretells Species Listings, Critical Habitat Designations for Texas

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On December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which lists the regulatory and deregulatory actions the various federal administrative...more

Nossaman LLP

Service Lists Population of North American Wolverine as Threatened with Interim 4(d) Rule

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On November 30, 2023, the U.S. Fish and Wildlife Service (Service) published a final rule listing a distinct population segment (DPS) of the North American wolverine (Gulo gulo luscas) as a threatened species under the...more

Troutman Pepper Locke

Western Pond Turtle Listing Will Impact Land and Water Managers Throughout the Western U.S.

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The U.S. Fish and Wildlife Service (FWS) has proposed listing the northwestern pond turtle (Actinemys marmorata) and the southwestern pond turtle (Actinemys pallida) as threatened species under the federal Endangered Species...more

Stoel Rives LLP

Stoel Rives Deeply Rooted Podcast Season 3 Episode 2: Forest Management, Endangered Species, and Regulatory Frameworks with Galen...

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In the recent episode of the Stoel Rives Deeply Rooted Podcast, Galen Schuler, Vice President of Green Diamond Resources, delves into the intricate world of protected species within timberland environments. Partnering with...more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Listing Oblong Rocksnail, Once Believed Extinct

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On October 31, 2023, the U.S. Fish and Wildlife Service (Service) proposed listing the oblong rocksnail (Leptoxis compacta) as an endangered species under the Endangered Species Act (ESA). The freshwater snail exists only in...more

Nossaman LLP

District Court Upholds Final Rule Downlisting American Burying Beetle

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On September 30, 2023, the U.S. District Court for the District of Columbia granted summary judgment in favor of the U.S. Fish and Wildlife Service (Service) in a case challenging the agency’s final rule downlisting the...more

Nossaman LLP

Service Proposes Listing Two Pond Turtle Species and Short-tailed Snake as Threatened with 4(d) Rules

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On October 3, 2023, the U.S. Fish and Wildlife Service (Service) published two proposed rules to list three species—the northwestern pond turtle (Actinemys marmorata), the southwestern pond turtle (Actinemys pallida), and the...more

Nossaman LLP

President Biden Vetoes Attempt to Undo ESA Protections for Lesser Prairie-Chicken and Northern Long-Eared Bat

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On Tuesday, September 26, President Biden vetoed two Republican-sponsored joint resolutions, S.J. Res. 9 and S.J. Res. 24, seeking to undo Endangered Species Act (ESA) protections for the lesser prairie-chicken (LEPC)...more

Nossaman LLP

Service Lists Foothill Yellow-Legged Frog Distinct Population Segments Under the ESA

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On August 29, 2023, the U.S. Fish and Wildlife Service (Service) published a final rule listing two distinct population segments (DPS)—the North Feather and Central Coast DPSs—of the foothill yellow-legged frog (Rana boylii)...more

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