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National Marine Fisheries Service Supreme Court of the United States Endangered Species Act (ESA)

Williams Mullen

Agencies Propose Revision to the Endangered Species Act “Harm” Definition

Williams Mullen on

The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively referred to as the “Agencies”) proposed on April 17, 2025, to remove the definition of “harm” under their respective...more

Nossaman LLP

Biden Administration Asks Supreme Court to Reject Challenge to ESA Rule

Nossaman LLP on

On May 14, 2021, the Department of Justice filed a brief with the Supreme Court arguing that the Court should not hear the case of Kansas Natural Resource Coalition v. Department of Interior (“KNRC”). KNRC is a challenge to a...more

WilmerHale

U.S. Fish Wildlife Service v. Sierra Club: US Supreme Court Boosts Ability of Agencies to Withhold Draft Documents

WilmerHale on

On March 4, 2021, the US Supreme Court held that draft biological opinions prepared by the US Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) were subject to the deliberative process privilege...more

Pillsbury Winthrop Shaw Pittman LLP

Proposed Definition of “Habitat” May Endanger the Endangered Species Act

Comment period on FWS/NMFS proposal will close soon. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have proposed that a definition of “habitat” be added to the Endangered Species Act. The...more

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