News & Analysis as of

Energy Projects Critical Habitat Endangered Species Act (ESA)

Orrick, Herrington & Sutcliffe LLP

The Department of the Interior Establishes New Review Procedures for Wind and Solar Energy Projects

On July 15, 2025, the Office of the Secretary of the Department of the Interior (the “Department”) issued a memorandum—“Departmental Review Procedures for Decisions, Actions, Consultations, and Other Undertakings Related to...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

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

Nossaman LLP

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

Nossaman LLP on

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

Dorsey & Whitney LLP

U.S. District Court for Montana Enjoins Key Army Corps of Engineers' General Permit for Energy Infrastructure Projects

Dorsey & Whitney LLP on

On April 15, 2020, Judge Morris of the United States District Court for the District of Montana issued a ruling invalidating Nationwide Permit 12 (“NWP 12”), a permit issued by the Army Corps of Engineers (“Corps”) covering...more

Snell & Wilmer

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

Snell & Wilmer on

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

Nossaman LLP

New Administration Means Big Changes for Endangered Species

Nossaman LLP on

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

Nossaman LLP

Bipartisan ESA Bill Proposes Funding for State Programs

Nossaman LLP on

In a year that has already seen its fair share of attempts to reform the Endangered Species Act (“ESA”), another proposal has made its way into the House of Representatives. Representatives Don Young (R-Alaska) and Debbie...more

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