News & Analysis as of

Endangered Species Act (ESA)

Orrick, Herrington & Sutcliffe LLP

The Department of the Interior Establishes New Review Procedures for Wind and Solar Energy Projects

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

Beveridge & Diamond PC

Beyond Review: Water Contract Conversion, Reclamation Law, and California’s Central Valley Project

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Key Takeaways What Happened: A Federal District Court in California ruled as a matter of statutory interpretation that certain mandatory water contract conversions for the Central Valley Project are not subject to...more

Latham & Watkins LLP

A “Golden Age” of Data Center Dominance

Latham & Watkins LLP on

A new executive order seeks to streamline funding for and construction of data center projects by reducing regulatory red tape. On July 23, 2025, the Trump administration issued an executive order titled “Accelerating...more

Nossaman LLP

ESA Legislative Update

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The Committee on Natural Resources (Committee) in the U.S. House of Representatives is considering a number of bills regarding wildlife, including bills to reauthorize the Endangered Species Act (ESA) and Marine Mammal...more

Perkins Coie

Failure to Explain Selection of Project Alternative Violated NEPA and APA

Perkins Coie on

The Ninth Circuit held that the Bureau of Land Management (BLM) acted arbitrarily and capriciously by failing to explain in its Record of Decision why it selected a project alternative that did not meet the development...more

Nossaman LLP

Court Overturns Service Decision that Listing Joshua Tree is Not Warranted

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On May 12, 2025, the U.S. District Court for the Central District of California ordered the U.S. Fish and Wildlife Service (Service) to reevaluate its decision not to list two species of Joshua tree—Yucca brevifolia (western...more

Paul Hastings LLP

Updates on Environmental Criminal Law in France

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Environmental criminal law in France has developed steadily over the past several years. Recently, however, there has been a shift of the political narrative — both in Europe and domestically — toward simplification rather...more

Bergeson & Campbell, P.C.

EPA Appoints Former ASA Government Affairs Director as OCSPP DAA for Pesticides

Mr. Kyle Kunkler has been appointed the Deputy Assistant Administrator for Pesticides at the U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). Since February 2020, Kunkler...more

Bergeson & Campbell, P.C.

EPA Announces Availability of Updated Interim Maps Developed under Its Endangered Species Protection Program

On June 12, 2025, the U.S. Environmental Protection Agency (EPA) announced the availability of updated refined interim core maps that identify areas that EPA states are important to 12 threatened or endangered (listed)...more

Vinson & Elkins LLP

Dredging Ahead: Army Corps Proposes to Reissue Nationwide Permits

Vinson & Elkins LLP on

The federal government is continuing to implement President Donald Trump’s Unleashing American Energy mandate to promote domestic energy and infrastructure projects. On June 18, 2025, the U.S. Army Corps of Engineers...more

Allen Matkins

Birds, Trees, and Bees – Oh My! Practical Guidance for Addressing Candidate Species in CEQA Analysis

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Several high-profile species — including the burrowing owl, Crotch’s bumble bee, western Joshua tree, western spadefoot toad, and the monarch butterfly — have recently been elevated to candidate status under either the...more

Allen Matkins

Western Burrowing Owl’s CESA Candidacy Triggers New Compliance Obligations for Developers

Allen Matkins on

On October 10, 2024, the California Fish and Game Commission (Commission) unanimously voted to designate the western burrowing owl (Athene cunicularia hypugaea) as a candidate species under the California Endangered Species...more

(ACOEL) | American College of Environmental...

Protecting the Lesser Prairie-Chicken on Private Land in a Shifting Regulatory Environment

As they do every year, male lesser prairie-chickens gathered this Spring on the 48,000-acre Gardiner Angus Ranch in Ashland, Kansas for their ritual mating dance to attract females. The Gardiner Ranch has some of the best...more

Beveridge & Diamond PC

FWS to Evaluate ESA Section 10 Permits

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On June 9, 2025, the U.S. Fish and Wildlife Service (FWS) published a request for information (RFI) seeking to improve the efficiency and effectiveness of key permitting programs under Section 10(a) of the Endangered Species...more

Pillsbury - Gravel2Gavel Construction & Real...

Interior Department Streamlines NEPA, ESA, NHPA Reviews for Geothermal Energy Projects

The U.S. Department of the Interior (DOI) announced on May 30 that it will invoke emergency permitting procedures to accelerate environmental review of select geothermal energy projects, with three proposed geothermal...more

Troutman Pepper Locke

Déjà vu? FWS Solicits Feedback to Update Section 10(a) of the ESA

Troutman Pepper Locke on

On Monday, June 9, the U.S. Fish and Wildlife Service (FWS) opened a short, 30-day public comment period soliciting information and comments to, “improve the overall efficiency and effectiveness” of Section 10(a) take...more

Winstead PC

Trump Administration Redefines “Harm” Under The Endangered Species Act (ESA)

Winstead PC on

On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (together, the “Services”) proposed to rescind their longstanding regulatory definition of “harm”, which has for decades served...more

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

Definition of Harm/Endangered Species Act: EarthJustice Comments Addressing U.S. Fish and Wildlife Service Proposed Rule

The environmental organization Earthjustice submitted May 19th comments to the United States Fish and Wildlife Service and National Marine Fishery Service (collectively, “Services”) addressing their proposed rescission of the...more

Troutman Pepper Locke

Fifteen States Sue the Trump Administration Over “Energy Emergency” Executive Order

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On May 9, 2025, fifteen democratic states (“Plaintiff States”) sued the Trump Administration in Washington District Court, claiming that President Trump’s executive order “Declaring a National Energy Emergency” (“Executive...more

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

Habitat Conservation Plans Under the Endangered Species Act: Defenders of Wildlife Publishes a Three-Decade Analysis

The Defenders of Wildlife’s Center for Conservation Innovation announced the publication of a paper titled: Habitat conservation plans under the endangered species act: A comprehensive three-decade analysis (“Paper”)....more

Snell & Wilmer

U.S. Department of Interior’s Implementation of Emergency Permitting Procedures

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On April 23, 2025, the U.S. Department of Interior (DOI) announced newly adopted emergency permitting procedures it is implementing to accelerate the review and approval of projects in relation “to the identification,...more

Latham & Watkins LLP

Federal Agencies Take Steps to Narrow Application of Endangered Species Act and Migratory Bird Treaty Act

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The Trump administration changes course on regulatory interpretations relating to the scope of protections for endangered and threatened species and migratory birds. ...more

Bergeson & Campbell, P.C.

EPA Announces Release of Final Insecticide Strategy

On April 29, 2025, the U.S. Environmental Protection Agency (EPA) announced the release of its final Insecticide Strategy (Strategy), available here. EPA states in the Strategy that it is “intended to create a consistent,...more

Best Best & Krieger LLP

Federal Wildlife Agencies Propose Rescinding Definition of “Harm” Under Endangered Species Act

On April 17, 2025, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) proposed a rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). The proposed rule...more

Greenberg Glusker LLP

Federal Agencies Propose Rule to Rescind the Definition of “Harm” Under the Endangered Species Act:

Greenberg Glusker LLP on

On April 17, 2025, the Departments of Interior and Commerce issued a proposed rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA) which, if finalized, would fundamentally alter a...more

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