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Endangered Species Act (ESA) Regulatory Authority

Holland & Knight LLP

"Harm" Redefined: "Habitat Modification" Could Be Cut from Endangered Species Act Regulations

Holland & Knight LLP on

The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) propose rescinding the regulatory definition of "harm" under the Endangered Species Act (ESA) that currently includes habitat modification,...more

Beveridge & Diamond PC

Texas District Court Rules FWS Must Consider the Cost of Protecting Threatened Species

Beveridge & Diamond PC on

On March 29, 2025, a Texas District Court ruled that the U.S. Fish and Wildlife Service (FWS) should have considered economic costs when crafting protections for the lesser-prairie chicken, a threatened species, under Section...more

Nossaman LLP

Bureau of Reclamation and Local Water Agency Have Discretion to Release Water from Dam to Avoid Take of Endangered Steelhead Trout

Nossaman LLP on

Reversing the district court, a divided panel of the Ninth Circuit held that that the Bureau of Reclamation and a local water agency have discretion to release water from Twitchell Dam on the Santa Maria River on the Central...more

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