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Natural Resources US Fish and Wildlife Service

Nossaman LLP

Federal Court Overturns Fish & Wildlife Service Decision to Delist Gray Wolf in the West

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On August 5, the United States District Court for the District of Montana issued an order overturning a determination made by the U.S. Fish and Wildlife Service (Service) during the Biden Administration that listing the gray...more

Nossaman LLP

ESA Legislative Update

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The Committee on Natural Resources (Committee) in the U.S. House of Representatives is considering a number of bills regarding wildlife, including bills to reauthorize the Endangered Species Act (ESA) and Marine Mammal...more

Holland & Hart LLP

FWS Updates Right-of-Way Regulations for National Wildlife Refuge Lands

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On December 11, 2024, the Department of the Interior’s Fish and Wildlife Service revised its regulations covering rights-of-way across National Wildlife Refuges and other Service-administered lands.  The revised regulations...more

Nossaman LLP

U.S. Fish and Wildlife Service Recommends Downlisting Golden-cheeked Warbler

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On January 7, 2025, the U.S. Fish and Wildlife Service (Service) announced that, following the completion of the Service’s 5-year status review (5-year Review) of the golden-cheeked warbler (Setophaga chrysopharia) (GCWA),...more

Holland & Hart LLP

The Montana Environmental Protection Act (MEPA) and the Upcoming 2025 Legislative Session

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What’s Happening with MEPA Right Now (And Why You Should Care) - If you need a permit from a Montana state agency, you have a project on state land, or you need the state to take any kind of action to complete your...more

Paul Hastings LLP

Annual Update to NRD Programs in All 50 States and Puerto Rico Published

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The 18th annual edition of the “NRD State Guide” has now been published . For nearly two decades, this Guide has provided companies, private practitioners, government officials, and researchers with a comprehensive overview...more

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

Natural Resources Damages/Oil Pollution Act Enforcement: United States/Arkansas Game and Fish Commission/Arkansas Department of...

The United States, Arkansas Game and Fish Commission (“AGFC”), and Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) entered into a Consent Decree with ExxonMobil Pipeline Company, LLC...more

Allen Matkins

Proposed Rule Offers New Process for Agency Enforcement of Lake or Streambed Alteration Agreements

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On May 3, 2024, the California Department of Fish and Wildlife (CDFW or Department) published a Notice of Proposed Action (Proposed Rule) to update its regulations for Lake or Streambed Alteration Agreements (LSAAs). As...more

Downey Brand LLP

Ninth Circuit Hands Major Victory to Senior Water Right Holders on the Sacramento River

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On May 23, 2024, the Ninth Circuit Court of Appeals issued a published opinion in Natural Resources Defense Council et al. v. Debra Haaland et al. (Case No. 21-15163) (“NRDC v. Haaland”) rejecting the plaintiffs’ challenges...more

Pillsbury - Gravel2Gavel Construction & Real...

In Review: SCOTUS Environmental and Administrative Decisions in the 2020 Term

Several decisions of interest were issued in the 2020 term, which stretched from October 2020 until early July 2021. This review will concentrate on environmental and administrative law cases....more

Snell & Wilmer

Homeless No More? The Land & Water Conservation Fund is Close to Securing Permanent Residency

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World War II left America exhausted after tremendous sacrifices were made by the American people. As the sun set on this storied chapter in American history, American society was ready for leisure which stirred a renewed...more

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

Successful State Conservation, Recovery, and Management of Wildlife: October 10th U.S. Senate Environment and Public Works Hearing...

The Environment and Public Works Committee (“Committee) of the United States Senate is holding a hearing today titled: From Yellowstone’s Grizzly Bear to the Chesapeake’s Delmarva Fox Squirrel – Successful State...more

Nossaman LLP

Federal Greater Sage Grouse Conservation Plans Revisited

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The Bureau of Land Management (“BLM”) has announced a 90-day comment period on proposed amendments to six Resource Management Plans (“RMPs”) and associated draft Environmental Impact Statements (“DEISs”) designed to protect...more

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

National Fish and Wildlife Foundation Grant: Beaver Watershed Alliance Awarded $37,710.56

The Beaver Watershed Alliance (“BWA”) announced that it has been awarded a grant totaling $37,710.56 from the National Fish and Wildlife Foundation (“Foundation”). BWA states that the award is being granted in response to...more

Nossaman LLP

Department of the Interior Announces Actions to Expedite Energy Development with Potential Consequences for Listed Species

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On October 25, 2017, the U.S. Department of the Interior (DOI) released a report entitled “Review of the Department of the Interior Actions that Potentially Burden Domestic Energy” identifying agency actions that potentially...more

Polsinelli

Proposed Changes To The Endangered Species Act Pit Animals Against Industry

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Congressional Republicans have proposed five separate bills that, if passed, would reduce current protections for endangered and threatened species in the name of promoting business development and cost-saving. ...more

Nossaman LLP

USFWS Tentatively Supports ESA Reform Bills

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On July 19, 2017, the House Committee on Natural Resources held a full committee legislative hearing on five bills that would amend portions of the Endangered Species Act (ESA)....more

Sullivan & Worcester

Monetizing Vacant Land Through Mitigation Banking

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A mitigation bank is a wetland, stream, or other habitat area that has been restored, established, enhanced, or (in certain circumstances) preserved for the purpose of providing compensation for unavoidable impacts to such...more

Nossaman LLP

U.S. Fish & Wildlife Finalizes First-Ever ESA Compensatory Mitigation Policy

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On December 27, 2016, the U.S. Fish & Wildlife Service (FWS) issued its final Endangered Species Act (ESA) Compensatory Mitigation Policy (Policy) – the first policy to comprehensively address compensatory mitigation under...more

Nossaman LLP

U.S. Fish and Wildlife Service Announces Changes to Mitigation Policy

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On November 21, 2016, the U.S. Fish and Wildlife Service (Service) published the final revisions to its Mitigation Policy. The Mitigation Policy, first published in 1981, guides the Service’s recommendations and requirements...more

Perkins Coie

FWS Proposes Revisions to Development Mitigation Policy

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The U.S. Fish and Wildlife Service (FWS) published draft revisions on March 8, 2016 to its 1981 Mitigation Policy for mitigating the impacts of development projects to natural resources. See Proposed Revisions to the U.S....more

Best Best & Krieger LLP

Natural Resource Conservation Subject of White House Directive to Agencies

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A recently released Presidential Memorandum will likely spur new policies related to development and natural resources, possibly impacting public agencies, developers and the like. “Mitigating Impacts on Natural Resources...more

Stoel Rives LLP

Presidential Memo Imparts “Moral Obligation” on Agencies to Mitigate Impacts of Natural Resource Development

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On Tuesday, November 3, the White House released a Presidential Memorandum: “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment” (“Memorandum”). The Memorandum was sent to the...more

WilmerHale

Administration Announces New Mitigation Policies

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This afternoon, the Administration issued two policies intended to encourage private investment in natural resource conservation and to facilitate application of the mitigation hierarchy—avoiding, minimizing and compensating...more

Miller Starr Regalia

Satisfying State Compensatory Mitigation Requirements Under CEQA On Federal Conservation Lands: CDFW And BLM Agree To Cooperate To...

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On October 2, 2015, the Bureau of Land Management (“BLM”) and the California Department of Fish and Wildlife (“CDFW”) entered into a 12-page “agree[ment] to work with each other to conserve biological and natural resources on...more

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