Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
On July 15, 2025, the Office of the Secretary of the Department of the Interior (the “Department”) issued a memorandum—“Departmental Review Procedures for Decisions, Actions, Consultations, and Other Undertakings Related to...more
This January, the Department of the Interior and the Department of Commerce announced updated civil monetary penalties for violations of federal wildlife and natural resource protection laws including the Endangered Species...more
The advanced notice of proposed rulemaking signals DOI’s interest in developing faster and more cost-effective methods to quantify natural resource damage claims. On January 18, 2023, the US Department of the Interior...more
EPA floats sharply increased social cost of carbon - E&E News – November 21 - The U.S. Environmental Protection Agency (EPA) has proposed a new estimate for the social cost of carbon emissions, nearly quadrupling an interim...more
The United States Department of Interior Bureau of Land Management (“BLM”) issued a November 15th Instruction Memorandum (“IM”) titled: Habitat Connectivity on Public Lands...more
On December 10, 2021, the Biden Administration released the Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which is a semi-annual compilation of information concerning regulations and policy...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 May 14, 2021, the Department of Justice filed a brief with the Supreme Court arguing that the Court should not hear the case of Kansas Natural Resource Coalition v. Department of Interior (“KNRC”). KNRC is a challenge to a...more
The regulation of protected wildlife is likely to undergo a seismic shift as a result of the change in administrations. Whereas the Trump Administration took several actions to narrow the reach of wildlife protection...more
White House directs agencies to relax enforcement - Los Angeles Times – September 9 - A memorandum produced by the White House Office of Management and Budget and sent to federal agency heads last week instructs them to...more
The Departments of Commerce and the Interior (Departments) have completed a proposed rule to define the term “habitat” as that term is used in the context of designating “critical habitat” under section 7(a)(2) of the...more
There has been much coverage and misinformation in the public discourse regarding Interior’s recently-announced revisions of regulations to implement the Endangered Species Act (ESA). Doug Wheeler and Hilary Tompkins bring...more
This week, the media has reported two changes in key roles at the Department of the Interior (“DOI”) and U.S. Fish and Wildlife Service (“USFWS”). Greg Sheehan has reportedly left his role as Principal Deputy Director of...more
In the Fall 2017 publication of the Unified Agenda of the Office of Information and Regulatory Affairs, the Department of the Interior announced its intent to revise the U.S. Fish and Wildlife Service’s regulations governing...more
On October 25, 2017, the U.S. Department of the Interior (DOI) released a report entitled “Review of the Department of the Interior Actions that Potentially Burden Domestic Energy” identifying agency actions that potentially...more
On July 19, 2017, the House Committee on Natural Resources held a full committee legislative hearing on five bills that would amend portions of the Endangered Species Act (ESA)....more
On May 18, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment decision in favor of the Secretary of the Department of the Interior and other federal officials in an...more
In one of her last major legal actions before leaving office as California’s Attorney General, Kamala Harris, along with the California Coastal Commission (jointly the “Attorney General”), filed suit against various federal...more
The U.S. Fish and Wildlife Service (“Service”) announced on Tuesday, September 22, 2015, that it would not list the greater sage-grouse under the Endangered Species Act (“ESA”). This decision represents a change of direction...more
Federal officials deem that state-led efforts are sufficient to protect the bird’s habitat for the near future. On September 22, the administration of US President Barack Obama announced that, given the “unprecedented”...more
On July 24, 2015, the U.S. Fish and Wildlife Service (Service) published a notice seeking authorization from the Office of Management and Budget to evaluate habitat conservation banks established under the Endangered Species...more
Environmental and Policy Focus - Federal omission in closing oyster farm broke law, court told - Los Angeles Times - May 14: The U.S. Interior Department violated federal law by failing to conduct an...more
The U.S. Fish and Wildlife Service (Service) recently announced (pdf) that it finalized its designation of critical habitat for the northern spotted owl (Strix occidentalis caurina) in the Pacific Northwest. The final rule...more