News & Analysis as of

Endangered Species Environmental Policies Energy Projects

Troutman Pepper Locke

California’s AB 550: A Blueprint for Balancing Development and Species Conservation

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California’s drive toward a net-zero carbon economy by 2045 is sparking innovative solutions to harmonize environmental conservation with infrastructure development. Assembly Bill (AB) 550, sponsored by Assembly Member...more

Allen Matkins

Joshua Tree Conservation Plan Remains Under Review

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The California Fish and Game Commission (Commission) accepted public comment on the draft Western Joshua Tree Conservation Plan (Draft Conservation Plan) at its February 12, 2025 meeting, but no formal action was taken. As...more

Faegre Drinker Biddle & Reath LLP

Butterfly Nets and Business Bets: How Proposed Protections for Monarchs Could Snare Agribusiness, Renewables and Development

On December 12, 2024, the U.S. Fish and Wildlife Service (USFWS) published its proposal in the Federal Register to list the Monarch Butterfly (Danaus plexippus) as a threatened species under the Endangered Species Act (ESA)....more

Robinson+Cole Environmental Law +

First Circuit Rejects Challenges to Federal Permits for Vineyard Wind 1

In companion rulings favoring offshore wind developers and federal agencies, the First Circuit Court of Appeals recently affirmed rulings issued by the District Court (D. Mass.) and dismissed challenges brought by two...more

Nossaman LLP

Massachusetts Court Rejects Marine Mammal Protection Act Challenge to Vineyard Wind Project

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On Friday, August 4, 2023, the United States District Court for the District of Massachusetts granted summary judgment in favor of the National Marine Fisheries Service (“NMFS”) in the case of Melone v. Coit et al,...more

Dickinson Wright

Ohio Supreme Court Unanimously Affirms Siting Board Certificate for New Wind Farm

Dickinson Wright on

Emerson Creek project in Huron and Erie Counties Now Expected to Move to Construction - On July 27, 2023, the Supreme Court of Ohio, in a 7-0 decision, affirmed the Ohio Power Siting Board (“Board”)’s decision to issue a...more

Nossaman LLP

Massachusetts Court Rejects Endangered Species Act Challenge to Offshore Wind Project

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On Wednesday, May 17, 2023, the federal District Court for the District of Massachusetts granted summary judgment in favor of the United States Bureau of Ocean Energy Management (“BOEM”) and Vineyard Wind, and denied summary...more

Williams Mullen

[Webinar] Renewable Energy Series: Environmental Considerations When Siting and Permitting Renewable Energy Projects - May 3rd,...

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Siting and permitting renewable energy projects in Virginia have become increasingly challenging as federal and state environmental laws, regulations and guidance have evolved in recent years. In particular, HB 206...more

Sheppard Mullin Richter & Hampton LLP

U.S. Fish & Wildlife Service Proposes New Regulations Creating General Eagle “Take” Permits for Certain Wind Energy and Power Line...

The U.S. Fish and Wildlife Service recently published a proposed rule revising regulations that authorize permit issuance for eagle incidental take and eagle nest take under the Bald and Golden Eagle Protection Act (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

Allen Matkins

California Environmental Law & Policy Update - September 2022 #3

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Governor Newsom signs SB 1137, creating a safety buffer between homes and oil wells in California Bullet Los Angeles Daily News – September 16 Governor Gavin Newsom on September 16 signed a package of environmental bills into...more

Williams Mullen

[Webinar] Environmental Considerations When Acquiring or Permitting Utility-Scale Solar Projects in Virginia - April 14th, 11:00...

Williams Mullen on

Conducting environmental due diligence and considering a project’s impact on the environment are essential in acquiring or permitting utility-scale solar projects in Virginia. This was underscored by the Virginia Department...more

Nossaman LLP

Federal Court Finds BLM Violated ESA in Failing to Reinitiate Consultation for Oil and Gas Leases

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On February 9, 2022, the U.S. District Court for the District of Colorado found that the Bureau of Land Management (BLM) violated the Endangered Species Act (ESA) when it failed to reinitiate consultation with the U.S. Fish...more

Allen Matkins

California Environmental Law & Policy Update - January 2021 #2

Allen Matkins on

DOI unveils plan to weaken protections for millions of acres of California desert - Reuters – January 13 - The U.S. Department of the Interior (DOI) on Wednesday proposed weakening environmental protections for millions...more

Allen Matkins

California Environmental Law & Policy Update - November 2020

Allen Matkins on

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

Allen Matkins

California Landowners and Developers: Western Joshua Tree Incidental Take Permits Now Required

Allen Matkins on

On September 22, 2020, the California Fish and Game Commission (CFGC) accepted the Center for Biological Diversity's petition to list the Western Joshua Tree (WJT) as a candidate threatened species under the California...more

Allen Matkins

Renewable Energy Update - September 2020 #4

Allen Matkins on

California grants western Joshua trees temporary endangered species protections - Bullet Los Angeles Times – September 22 - The California Fish and Game Commission this Tuesday granted temporary endangered species...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

Allen Matkins

California Environmental Law & Policy Update - July 2020 #2

Allen Matkins on

Supreme Court reinstates streamlined permitting for pipelines, but not for Keystone XL project - Bullet Bloomberg Law – July 6 - The U.S. Supreme Court on Monday reinstated a streamlined permitting program, known as...more

Nossaman LLP

USFWS proposes to codify Trump Administration position on MBTA

Nossaman LLP on

Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more

Snell & Wilmer

Bird Trouble: Trump Administration Plans for Greater Sage Grouse Shot Down by Federal Court; States Take a Shot Too

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The greater sage-grouse is a chicken-like bird that is currently found in 11 western states. For more than 25 years, there has been considerable controversy concerning whether to list the greater sage-grouse for protection...more

White & Case LLP

Offshore wind projects: Assessing the environmental impact: Germany

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A complex and sophisticated planning and approval process does not prevent opponents from raising environmental challenges—even after project approvals are awarded. The German federal government plans to further expand...more

Nossaman LLP

New Administration Means Big Changes for Endangered Species

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The election of Donald Trump as President, together with Republican majorities in the House and Senate, is likely to lead to important policy changes across a range of issues. While administration of the Endangered Species...more

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