News & Analysis as of

Environmental Policies Endangered Species Act (ESA) Department of the Interior

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

Nossaman LLP

Federal Court Allows Center for Biological Diversity to Continue Large ESA Lawsuit Against U.S. Fish and Wildlife Service

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Last week, the U.S. District Court for the District of Columbia issued a ruling allowing the Center for Biological Diversity (CBD) to continue pursuing its large Endangered Species Act (ESA) lawsuit against the U.S. Fish and...more

Nossaman LLP

2023 Inflation Adjustments to Civil Penalties for Violations of Wildlife Protection Laws Announced

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This January, the Department of the Interior and the Department of Commerce announced updated civil monetary penalties for violations of federal wildlife and natural resource protection laws including the Endangered Species...more

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

Endangered Species Act/Clean Water Act: Environmental Organizations Challenge the State of Washington's Cyanide Water Quality...

The Western Environmental Law Center and Center for Biological Diversity (collectively “CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of...more

Nossaman LLP

Department of the Interior Releases Hefty Agenda

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On December 10, 2021, the Biden Administration released the Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which is a semi-annual compilation of information concerning regulations and policy...more

Beveridge & Diamond PC

Incidental Take of Migratory Birds Once Again a Federal Crime; FWS Considering New Permitting Program

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After a brief hiatus, incidental take of migratory birds will again be a federal crime beginning December 3, 2021. Less than 10 months after instituting a final rule declaring that incidental take of birds is not subject to...more

Nossaman LLP

Congress Urges Action on Monarch

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On June 29, 2021, fourteen members of Congress delivered a letter to Secretary of the Interior Deb Haaland, urging the U.S. Fish and Wildlife Service (Service) to use its authority to list the monarch butterfly (Danaus...more

Allen Matkins

California Environmental Law & Policy Update - December 2020 #3

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Biden picks North Carolina environmental chief to lead EPA - Associated Press – December 17 - President-elect Joe Biden this Thursday selected Michael S. Regan to serve as Administrator of the U.S. Environmental...more

Allen Matkins

California Environmental Law & Policy Update - September 2020 #2

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White House directs agencies to relax enforcement - Los Angeles Times – September 9 - A memorandum produced by the White House Office of Management and Budget and sent to federal agency heads last week instructs them to...more

Nossaman LLP

Federal Wildlife Agencies Propose Rule to Define Habitat

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The Departments of Commerce and the Interior (Departments) have completed a proposed rule to define the term “habitat” as that term is used in the context of designating “critical habitat” under section 7(a)(2) of the...more

Perkins Coie

Bird Is the Word: US Fish & Wildlife Service Proposes Narrow Interpretation of Migratory Bird Treaty Act

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The U.S. Fish and Wildlife Service issued a proposed rule on January 30, 2020, that narrowly interprets the protections afforded by the Migratory Bird Treaty Act. The new rule would provide that the MBTA prohibits only the...more

Hogan Lovells

ESA revised regulations: what to expect

Hogan Lovells on

There has been much coverage and misinformation in the public discourse regarding Interior’s recently-announced revisions of regulations to implement the Endangered Species Act (ESA). Doug Wheeler and Hilary Tompkins bring...more

Allen Matkins

California Environmental Law & Policy Update - August 2019 #3

Allen Matkins on

Focus - Department of Interior announces significant changes to Endangered Species Act - The New York Times – August 12 - On Monday, August 12, 2019, the U.S. Department of Interior announced significant changes, expected...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

Nossaman LLP

Administration Announces Comprehensive Revisions to Endangered Species Act Implementing Regulations

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In the Fall 2017 publication of the Unified Agenda of the Office of Information and Regulatory Affairs, the Department of the Interior announced its intent to revise the U.S. Fish and Wildlife Service’s regulations governing...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

Holland & Knight LLP

Trump Administration Takes Initial Steps to Implement Repeal of Energy, Environmental Regulations

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Earlier this year, Freedom Partners, a conservative advocacy group, released A Roadmap to Repeal containing a list of former President Barack Obama's regulations that the group argued should be repealed quickly after the...more

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