News & Analysis as of

Endangered Species Regulatory Agenda

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

Troutman Pepper Locke

No Harm, No Foul? Services Propose to Remove Harm Definition from Endangered Species Act Regulations

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On April 17, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together Services) published a proposed rule to rescind the long-standing definition of “harm” under the Endangered Species...more

Latham & Watkins LLP

The State of California Water in 2025

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Stakeholders should stay informed as state and federal officials advance plans and policies for water conservation, water quality, and climate resilience in California....more

Troutman Pepper Locke

California Open to Input on Endangered Species Listing for Burrowing Owl

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The western burrowing owl was just recently elevated to a “candidate species” under the California Endangered Species Act (CESA) by the California Department of Fish and Wildlife (CDFW). As a candidate species, the owl now...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act: U.S. Fish & Wildlife Service Finalizes Rule to Revise Criteria for Designating and Delisting Species and...

On Friday, April 5, 2024, the U.S. Fish & Wildlife Service (the “Service”) finalized a rule clarifying the procedures and criteria for listing, reclassifying, and delisting species on the Lists of Endangered and Threatened...more

Troutman Pepper Locke

Final ESA Regulations Issued by the Services

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The Endangered Species Act regulations have become a political hot potato, with regulatory revisions occurring each time there is a change in administration. On March 28, the U.S. Fish and Wildlife Service (FWS) and the...more

Nossaman LLP

Services Finalize Endangered Species Act Regulatory Revisions

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On March 27, 2024, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) made available pre-publication versions of the agencies’ long-awaited updates to...more

Nossaman LLP

Groups Petition California Fish and Game Commission to List Western Burrowing Owl

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On March 5, 2024, the Center for Biological Diversity and several other groups submitted a petition to the California Fish and Game Commission (the Commission) to list the western burrowing owl (Athene cunicularia hypugaea)...more

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Fish and Wildlife Service Increases Civil Penalties for Violations of Federal Wildlife Protection Laws

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On February 2, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule increasing civil monetary penalties for violations of several federal wildlife and natural resource protection laws (Final Rule).  The...more

Jenner & Block

Environmental Regulations to Watch in 2024

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Several federal agencies, including the United States Environmental Protection Agency, Federal Trade Commission, Department of the Interior, and Securities and Exchange Commission, have a slew of pending environmental...more

Nossaman LLP

Unified Agenda Forecasts Anticipated Timing of ESA Regulations

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As we have previously reported, on December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda). The Unified Agenda, published twice a year, lists the...more

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Western States Will See Species Listings, Critical Habitat Designations According to Unified Agenda

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As we have previously reported, on December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which lists the regulatory and deregulatory actions that...more

Nossaman LLP

Unified Agenda Foretells Species Listings, Critical Habitat Designations for Texas

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On December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which lists the regulatory and deregulatory actions the various federal administrative...more

Nossaman LLP

Service Lists Population of North American Wolverine as Threatened with Interim 4(d) Rule

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On November 30, 2023, the U.S. Fish and Wildlife Service (Service) published a final rule listing a distinct population segment (DPS) of the North American wolverine (Gulo gulo luscas) as a threatened species under the...more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Listing Oblong Rocksnail, Once Believed Extinct

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On October 31, 2023, the U.S. Fish and Wildlife Service (Service) proposed listing the oblong rocksnail (Leptoxis compacta) as an endangered species under the Endangered Species Act (ESA). The freshwater snail exists only in...more

Nossaman LLP

Service Proposes Listing Two Pond Turtle Species and Short-tailed Snake as Threatened with 4(d) Rules

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On October 3, 2023, the U.S. Fish and Wildlife Service (Service) published two proposed rules to list three species—the northwestern pond turtle (Actinemys marmorata), the southwestern pond turtle (Actinemys pallida), and the...more

(ACOEL) | American College of Environmental...

The ESA Goes Trekkie

I can hear the music in my ear, and the voice: “Space, the final frontier… “. Endangered and threatened species are destined to boldly go where none of them has gone before – habitats outside of their historical range....more

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National Oceanic and Atmospheric Administration to Release Plans for Chumash Heritage National Marine Sanctuary

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The National Oceanic and Atmospheric Administration (NOAA) anticipates releasing the Draft Designation Documents for the proposed Chumash Heritage National Marine Sanctuary. A draft proposed rule and management plan for...more

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Services Propose New Regulatory Revisions Under the Endangered Species Act

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On June 22, 2023, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, the Services), issued three sets of proposed revisions to their Endangered Species Act (ESA) regulations...more

Sheppard Mullin Richter & Hampton LLP

NEPA Amendments Aim to Streamline Environmental Review but Largely Codify the Status Quo

Recent amendments to the National Environmental Policy Act (NEPA), which Congress included in the Fiscal Responsibility Act of 2023 (FRA), aim to streamline federal environmental review by imposing time limits, clarifying the...more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Revised Critical Habitat Designation for Rufa Red Knot

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On April 13, 2023, the United States Fish and Wildlife Service (“Service”) published a proposed rule to revise the critical habitat designation for the rufa red knot (Calidris canutus rufa). The red knot is a shorebird that...more

Nossaman LLP

Service Proposes to Overhaul ESA Permitting Regulations

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On February 9, 2023, the U.S. Fish and Wildlife Service (Service) published proposed revisions to its regulations governing incidental take and enhancement of survival permitting under Endangered Species Act (ESA) section 10....more

Troutman Pepper Locke

Funding Begins for Hydropower Research and Development and Fish Passage

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In December 2022, several federal agencies announced awards and recommendations for Bipartisan Infrastructure Law (BIL) funding. The BIL represents a core piece of President Biden’s agenda and provides significant funding for...more

Bradley Arant Boult Cummings LLP

Northern Long-Eared Bat “Uplisted” to Endangered Status

On November 30, 2022, the United States Fish and Wildlife Service (FWS) published a final rule reclassifying the northern long-eared bat under the Endangered Species Act (ESA), uplisting the bat from “threatened” to...more

Perkins Coie

Draft North Atlantic Right Whale and Offshore Wind Strategy Announced

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As the Bureau of Ocean Energy Management (BOEM) has ramped up offshore wind development to meet the Biden-Harris administration’s goal of generating 30 gigawatts of offshore wind by 2030, the question of how the expansion of...more

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