News & Analysis as of

Endangered Species Act (ESA) Comment Period Public Comment

Troutman Pepper Locke

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

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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

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Revised Critical Habitat Designation for Rufa Red Knot

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On April 13, 2023, the United States Fish and Wildlife Service (“Service”) published a proposed rule to revise the critical habitat designation for the rufa red knot (Calidris canutus rufa). The red knot is a shorebird that...more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Revised Critical Habitat for Fisher DPS

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On November 7, 2022, the U.S. Fish and Wildlife Service (Service) proposed to designate approximately 595,495 acres of critical habitat for the Southern Sierra Nevada distinct population segment (DPS) of fisher (Pekania...more

Nossaman LLP

Service Proposes Listing Two California Salamander Species with Critical Habitat Designations

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On October 18, 2022, the U.S. Fish and Wildlife Service (Service) announced 12-month findings on a petition to list three California-based salamander species under the Endangered Species Act (ESA): the Kern Plateau salamander...more

Nossaman LLP

Service Proposes Listing and Critical Habitat Designation for Magnificent Snail

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For the magnificent ramshorn (Planorbella magnifica), a fresh-water snail species native to southeastern North Carolina, efforts to secure protection under the federal Endangered Species Act have progressed at a snail’s pace....more

Nossaman LLP

Coastal Plant Species Proposed as Threatened with Critical Habitat Designation and 4(d) Rule

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This week, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to list the sand dune phacelia (Phacelia argentea) as threatened under the Endangered Species Act (ESA), along with a proposed section 4(d) rule...more

Nossaman LLP

Threatened Listing and 4(d) Rule for Texas Plant Species

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On November 10, 2021, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule to list the bracted twistflower (Streptanthus bracteatus), a plant species found only in Texas, as a threatened species under the...more

Nossaman LLP

Service Proposes Critical Habitat Designation for Coastal DPS of Pacific Marten

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On October 25, the U.S. Fish and Wildlife Service (Service) published a proposed rule to designate critical habitat for the coastal distinct population segment (DPS) of Pacific marten (Martes caurina), also known as coastal...more

Nossaman LLP

FWS Proposes Removing Kanab Ambersnail from ESA Protection

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On January 6, 2020, the U.S. Fish and Wildlife Service (FWS) published a proposed rule in the Federal Register announcing the agency’s finding that the Kanab ambersnail (Oxyloma haydeni kanabensis) is no longer warranted for...more

Nossaman LLP

FWS Proposes Removing Interior Least Tern from ESA Protection

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On October 24, 2019, the U.S. Fish and Wildlife Service (FWS) published a proposed rule in the Federal Register announcing the agency’s finding that the interior least tern (Sterna antillarum) is no longer warranted for...more

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

American Burying Beetle: U.S. Fish and Wildlife Service Proposes Reclassification/Reopening of Public Comment Period

The United States Fish and Wildlife Service (“USFWS”) announced in a September 9th Federal Register Notice that it was reopening the public comment period for its proposal to reclassify the American Burying Beetle (“ABB”)....more

Steptoe & Johnson PLLC

FWS Proposes New Conservation Measures in Advance of Potential Monarch Butterfly Listing

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The Monarch Butterfly is a species of concern, but not currently “listed” as a threatened or endangered species under the Endangered Species Act. In advance of the potential, and some would say likely, listing of the Monarch...more

Downey Brand LLP

Administration Continues its Roll on Regulatory Changes, Proposing Numerous Changes in Rules Governing Federal Endangered Species...

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On the heels of its notice of federal rulemaking under the National Environmental Policy Act (see our July 2 blog post) and other more modest efforts at reform on the administrative level, the Administration on July 19...more

Snell & Wilmer

Trump’s Regulatory Reform Initiatives Meet the Endangered Species Act

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The U.S. Fish and Wildlife Service and NOAA Fisheries jointly announced via conference call this morning the publication of proposed revisions to portions of their regulations that implement key sections of the Endangered...more

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