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Habitat Conservation Plan Incidental Take Permits

Allen Matkins

California Environmental Law & Policy Update 8.22.25

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The California Fish and Game Commission took final action to approve the Western Joshua Tree Conservation Plan at its August 13, 2025 meeting. The Conservation Plan sets forth management practices and guidelines for the...more

Allen Matkins

Commission Approves Western Joshua Tree Conservation Plan

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The California Fish and Game Commission (Commission) took final action to approve the Western Joshua Tree Conservation Plan (Conservation Plan) at its August 13, 2025, meeting. As detailed in our previous alert, the...more

Nossaman LLP

U.S. Fish and Wildlife Service Updates Permitting Regulations

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Tomorrow, the U.S. Fish and Wildlife Service (Service) will publish its final rule updating regulations implementing section 10 of the Endangered Species Act (Section 10), which addresses the agency’s issuance of incidental...more

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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

(ACOEL) | American College of Environmental...

Migratory Bird Treaty Act -- Scope of Act Rule

On February 3rd, the U.S. Fish and Wildlife Service (USFWS) published a Notice of Proposed Rulemaking that would completely eliminate criminal penalties for “incidental” migratory bird deaths under the Migratory Bird Treaty...more

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USFWS Guidance Clarifies Trigger for ESA Incidental Take Permits Tied to Habitat Modification

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U.S. Fish and Wildlife Service (USFWS) Principal Deputy Director Greg Sheehan recently issued a guidance memorandum to USFWS’ Regional Directors to clarify the appropriate trigger for an incidental take permit (ITP) under the...more

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Changes on the Horizon for U.S. Fish and Wildlife Service's Regulations On Take of Threatened Species

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On Monday, April 2, 2018, multiple news outlets reported that the U.S. Fish and Wildlife Service (“FWS”) submitted a proposal to change its existing policy regarding the prohibition on “take” for species listed as threatened...more

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FWS Proposes to Downlist Hawaiian Nene and Allow Limited Incidental Take

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On April 2, 2018, the U.S. Fish and Wildlife Service (Service) proposed downlisting the Hawaiian goose (Branta sandvicensis), locally known as the “nene,” from endangered to threatened under the Endangered Species Act (ESA)....more

Farella Braun + Martel LLP

Revised Eagle “Incidental Take” Permit Regulations Strike a Better Balance

In December 2016, the U.S. Fish and Wildlife Service (Service) issued new regulations that provide an important mechanism for renewable energy, transmission line and other development projects to obtain eagle “incidental...more

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U.S. Fish and Wildlife Service Finalizes Eagle Permit Program Revisions, Announces Intent to Prioritize Bald and Golden Eagle...

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On December 16, 2016, the U.S. Fish and Wildlife Service (Service) issued a long-awaited final rule (Rule) revising the regulations that govern the Service’s eagle take permit program (Eagle Permit Program) under the Bald and...more

Latham & Watkins LLP

US FWS Releases Draft Midwest Wind Energy Multi-Species Habitat Conservation Plan

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On April 15, 2016, the US Fish and Wildlife Service (FWS) issued its Draft Midwest Wind Energy Multi-Species Habitat Conservation Plan (Plan) and Draft Environmental Impact Statement (EIS) proposing a regional approach to...more

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U.S. Fish and Wildlife Service Authorizes Take of the Last Known Wild Jaguar in the United States

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On April 28, 2016, the U.S. Fish and Wildlife Service (USFWS) issued a revised Biological Opinion and Incidental Take Permit for the Rosemont Copper Mine in Pima County, Arizona. USFWS originally issued a Biological Opinion...more

Beveridge & Diamond PC

New Conservation Restrictions for the Northern Long-Eared Bat Will Have Limited Impact on Development in Massachusetts

A new Endangered Species Act rule protecting the northern long-eared bat will likely have only limited impact on development and land use activities in Massachusetts due to fairly specific restrictions imposed by the final...more

Troutman Pepper Locke

USFWS Issues Broader 4(d) Rule for Northern Long-Eared Bats: What it Means for Energy Developers

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On January 13, the U.S. Fish and Wildlife Service (Service) released its Final 4(d) Rule for the Northern Long-Eared Bat (Final Rule). The Final Rule greatly expands upon the scope of the interim 4(d) rule that the Service...more

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D.C. Court Largely Upholds Loggerhead Sea Turtle Biological Opinion

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On August 31, 2015, the U.S. District Court for the District of Columbia largely upheld the National Marine Fisheries Service’s (Service) Biological Opinion (BiOp) addressing the impacts of seven fisheries on the Northwest...more

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Federal Court Strikes Down HCP: No Piggybacks Under Section 10

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While decisions dealing with lawsuits alleging violations of section 7 or section 9 of the Endangered Species Act (ESA) are rather common, it is far less common for courts to address suits under section 10. In fact, in any...more

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Federal Court Strikes Down Habitat Conservation Plan and Biological Opinion for Logging Project in Northern California

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On April 3, 2015, a federal district court in California put the brakes on a proposed logging project, invalidating a habitat conservation plan and incidental take permit issued by the U.S. Fish and Wildlife Service (FWS) and...more

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U.S. Fish And Wildlife Service To Analyze Stakeholder Plan For Lesser Prairie-Chicken

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The U.S. Fish and Wildlife Service (Service) announced that it will prepare an Environmental Impact Statement (EIS) on a proposed application for an Incidental Take Permit (ITP), including a Habitat Conservation Plan (HCP),...more

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Fifth Circuit Stays Injunction In Whooping Crane Case

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The United States Court of Appeals for the Fifth Circuit stayed an injunction issued by the United States District Court for the Southern District of Texas requiring the State to prepare a habitat conservation plan for the...more

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U.S. Fish And Wildlife Service Approves Habitat Conservation Plan

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On February 14, 2013, the U.S. Fish and Wildlife Service announced that it had approved a Habitat Conservation Plan (HCP) and incidental take permit (ITP) for the Edwards Aquifer Recovery Implementation Program. In addition...more

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