News & Analysis as of

Endangered Species Act (ESA) Department of the Interior Energy Sector

Holland & Knight LLP

DOI Implements Unprecedented 14-Day NEPA Review Process Under National Energy Emergency EO

Holland & Knight LLP on

In a significant move to accelerate domestic energy development, the U.S. Department of the Interior (DOI) has announced emergency permitting procedures that will dramatically compress environmental review timelines. Under...more

Akin Gump Strauss Hauer & Feld LLP

Fish and Wildlife Service Doubles Down on Department of Interior Opinion on Migratory Bird Treaty Act (MBTA)

On April 11, 2018, the U.S. Fish and Wildlife Service (FWS) issued a Memorandum titled “Guidance on the recent M-Opinion affecting the Migratory Bird Treaty Act” (the “Memorandum”), giving field advice to its enforcement...more

Latham & Watkins LLP

Interior Department and Forest Service Identify Burdens on Domestic Energy Development

Latham & Watkins LLP on

Report on the agencies’ review of programs provides a roadmap to understanding which energy policies the Trump administration will revise. Several federal agencies have now issued reports responding to Executive Order (EO)...more

Nossaman LLP

Department of the Interior Announces Actions to Expedite Energy Development with Potential Consequences for Listed Species

Nossaman LLP on

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

Nossaman LLP

Nevada Solar Project Survives Ninth Circuit Review Despite Impacts to Tortoise Connectivity

Nossaman LLP on

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

WilmerHale

Administration Announces New Mitigation Policies

WilmerHale on

This afternoon, the Administration issued two policies intended to encourage private investment in natural resource conservation and to facilitate application of the mitigation hierarchy—avoiding, minimizing and compensating...more

Morgan Lewis

Sage-Grouse Not Listed Under Esa In Wake Of New State-Led Conservation Efforts

Morgan Lewis on

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

Perkins Coie

Federal District Court Strikes Down Eagle Act Rule

Perkins Coie on

On August 11, 2015, the U.S. District Court for the Northern District of California struck down the U.S. Fish and Wildlife Service’s so-called “30-Year Rule,” which had extended from 5 years to 30 years the duration of...more

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