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Endangered Species Act (ESA) Endangered Species Energy Sector

(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

Stoel Rives - Environmental Law Blog

U.S Fish and Wildlife Service Proposes to List the Monarch Butterfly as Threatened, Seeks Comments on Developing a Final Rule

On December 12, 2024, the U.S. Fish and Wildlife Service (the “Service”) published notice in the Federal Register of a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act...more

Troutman Pepper Locke

FERC Denies Interior’s Requirement for Ongoing Species Notifications

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On September 22, the Federal Energy Regulatory Commission (Commission or FERC) issued an order on rehearing (Rehearing Order), denying the U.S. Department of the Interior’s (Interior) request to include a requirement for a...more

Stoel Rives - Renewable + Law

U.S. Fish and Wildlife Proposes Revisions to Eagle Permit Rules, Including General Permits for Qualifying Wind Energy Projects,...

On September 30, 2022 the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register of a proposed rule amending its regulations authorizing permits for eagle incidental take and eagle nest take....more

(ACOEL) | American College of Environmental...

Renewable Energy? For some, the answer may not be blowing in the wind.

The Biden administration has committed to significantly expanding development of renewable energy. These projects, including solar and wind are welcomed by many. They have the potential to generate significant amounts of...more

Brownstein Hyatt Farber Schreck

FWS Proposes Listing the Lesser Prairie-Chicken — Potential Impacts for Energy Companies

On May 26, the U.S. Fish and Wildlife Service (“Service”) released their proposal to list two distinct population segments (DPS) of the lesser prairie-chicken under the Endangered Species Act (ESA). Currently, the Service is...more

Allen Matkins

California Environmental Law & Policy Update - November 2020

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U.S. formally exits Paris Climate Agreement - Bullet Associated Press – November 4 - The United States this Wednesday formally left the Paris Climate Agreement, a global pact it helped forge five years ago during the...more

Nossaman LLP

[Webinar] Adapting Your Linear Infrastructure Projects to Changing Regulatory Frameworks - July 30th, 11:00 am - 12:30 pm PT

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Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges in recent months. Some of these challenges stem from changes in...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

Nossaman LLP

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

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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

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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

Troutman Pepper Locke

Black-Capped Vireo to be Removed From Endangered List, Un-Capping Development in Texas and Oklahoma

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On December 15, 2016, the U.S. Fish & Wildlife Service (“USFWS” or “Service”) published a proposed rule (the “Proposed Rule”) to remove the black-capped vireo (“BCV”) from the list of endangered and threatened species under...more

Perkins Coie

D.C. Circuit Overturns FWS Approval of Wind Farm Due to Bat Concerns

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The U.S. Court of Appeals for District of Columbia Circuit recently held that the U.S. Fish and Wildlife Service violated the National Environmental Policy Act by approving an Ohio wind energy project without looking at all...more

Nossaman LLP

District Court Dismisses Challenge to Biological Opinions In Light of Circuit Court’s Exclusive Jurisdiction

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Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two...more

Perkins Coie

If At First You Do Not Succeed: Fish and Wildlife Service Tries Again With 30-Year Eagle Act Permit

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On May 6, 2016, the Fish and Wildlife Service (FWS or Service) published a proposed rule (Proposed Rule) that would substantially change how the Service administers its conservation and management program under the Bald and...more

Latham & Watkins LLP

6 Key Takeaways from the FWS’s Proposed Update to the Eagle Act Rules

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On May 2, 2016, the US Fish & Wildlife Service (FWS) announced its second attempt to revise its rules authorizing eagle take permits under the Bald and Golden Eagle Protection Act (Eagle Act). The rule would extend the...more

Perkins Coie

Federal District Court Strikes Down Eagle Act Rule

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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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