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Endangered Species Energy Sector US Fish and Wildlife Service

(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

Allen Matkins

Renewable Energy Update - 3.31.23

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Electricity generated from renewables surpassed coal in the United States for the first time in 2022, the U.S. Energy Information Administration (EIA) announced Monday. Renewables also surpassed nuclear generation for the...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

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 #2

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U.S. Fish and Wildlife Service faces suit over removal of endangered species protections for gray wolves - Bullet The Hill – November 9 - Last Friday, a coalition of conservation groups filed a notice of intent to sue...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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2020 #3

Industry Expert Insights - We reached out to one of our Lex Mundi partners and a well-known expert in Australia in the energy and legal industries to get her thoughts on the current energy climate. Emma Covacevich is...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

Perkins Coie

Department Of Interior Declares That Only Deliberate Acts Constitute Take Of Migratory Birds

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The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of...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

Perkins Coie

Fish and Wildlife Service Approves New 30-Year Eagle Act Rule

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The U.S. Fish and Wildlife Service has formally approved the long-awaited, 30-year eagle take rule, which will allow renewable energy companies and other developers of large projects to obtain a 30-year permit (as opposed to...more

Perkins Coie

DOI Issues Solicitor’s Opinion That MBTA Prohibits Incidental Take

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The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37041 on January 10, 2017, arguing that incidental take is prohibited under the Migratory Bird Treaty Act (MBTA). The solicitor’s opinion was...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

Perkins Coie on

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

Circuit Courts Tackle Question of Agency Liability under the MBTA for Permitting of Wind Energy Facilities

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On June 7, 2016, the U.S. Court of Appeals for the Ninth Circuit rejected plaintiffs’ claim, among others, that the U.S. Bureau of Land Management’s (BLM) violated the Migratory Bird Treaty Act (MBTA) by granting a...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

Holland & Knight LLP

Fish and Wildlife Service Issues Draft 30-Year Programmatic Eagle Take Permit - Longer Permit Terms Welcome, But Certain Proposed...

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The U.S. Fish and Wildlife Service (Service) on May 6, 2016, issued a draft rule that would extend to 30 years the maximum life of permits authorizing the incidental take of bald and golden eagles pursuant to the federal Bald...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

Troutman Pepper Locke

Lesser Prairie Chicken Listing Vacated by Federal Court - What It Means for Energy Development

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Last week, in a decision that surprised many, a federal court in Texas overturned the U.S. Fish & Wildlife Service’s (Service) decision last year to list the lesser prairie chicken (LEPC) as “threatened” under the federal...more

Latham & Watkins LLP

The Department of the Interior does not list sub-population of greater sage-grouse as a threatened or endangered species, but...

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On April 21, 2015, Sally Jewell, the Secretary of the Department of the Interior, announced that a sub-population of greater sage-grouse along the California-Nevada border does not require Endangered Species Act protection....more

Beveridge & Diamond PC

Ohio Wind Developer and FWS Successfully Defend Incidental Take Permit for Endangered Indiana Bat

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A proposed Ohio wind farm cleared another legal hurdle last week when Judge Leon of the United States District Court for the District of Columbia upheld the U.S. Fish and Wildlife Service's (“FWS”) issuance of an incidental...more

Bracewell LLP

Texas Environmental Update - February 28, 2014

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We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

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