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Oil & Gas US Fish and Wildlife Service Endangered Species

(ACOEL) | American College of Environmental...

Protecting the Lesser Prairie-Chicken on Private Land in a Shifting Regulatory Environment

As they do every year, male lesser prairie-chickens gathered this Spring on the 48,000-acre Gardiner Angus Ranch in Ashland, Kansas for their ritual mating dance to attract females. The Gardiner Ranch has some of the best...more

Vinson & Elkins LLP

Dunes Sagebrush Lizard Listed as Endangered: What it Means for Permian Producers and Frac Sand Availability

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On May 20, 2024, the U.S. Fish and Wildlife Service (FWS) issued a final rule listing the dunes sagebrush lizard (“DSL”) as endangered under the Endangered Species Act (“ESA”).1 The change in the DSL listing status, which...more

Nossaman LLP

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

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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

Allen Matkins

California Environmental Law & Policy Update - January 2022

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California challenges San Bernardino air cargo facility used by Amazon - Freight Waves – January 4 - The state of California on Monday petitioned a federal appeals court to rehear its lawsuit challenging a new air...more

Nossaman LLP

Biden Administration Turns Its Focus on Birds

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In the last few weeks, the U.S. Fish and Wildlife Service (Service) has published several major regulatory actions affecting federal avian protections.  The Service has repealed a Trump-era rule that excluded incidental take...more

Jackson Walker

Proposed Listing of Lesser Prairie-Chicken Under Endangered Species Act and Potential Impact on Energy Projects

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On June 1, 2021, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule in the Federal Register to list the lesser prairie-chicken under the Endangered Species Act (ESA). The proposal distinguishes between...more

Nossaman LLP

Trump Administration Bird Rule on the Chopping Block

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On May 7, 2021, the U.S. Fish and Wildlife Service (USFWS), as many anticipated, published a proposed rule to revoke a Trump Administration rule impacting the scope of the Migratory Bird Treaty Act (MBTA).  The Trump...more

Nossaman LLP

Trump Administration Finalizes Migratory Bird Rule

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On January 7, 2021, U.S. Fish and Wildlife Service (USFWS) published a final rule limiting the scope of the Migratory Bird Treaty Act (MBTA)’s prohibition on the take of migratory birds....more

Allen Matkins

California Environmental Law & Policy Update - November 2020 #2

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U.S. Fish and Wildlife Service faces suit over removal of endangered species protections for gray wolves - Bullet The Hill – November 9 - Last Friday, a coalition of conservation groups filed a notice of intent to sue...more

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

Endangered Species Act/U.S. Fish and Wildlife Service Issues Final Rule: American Burying Beetle Downlisted From Endangered To...

The United States Fish and Wildlife Service (“Service”) issued a September 3rd final rule reclassifying (i.e., downlisting) the American burying beetle (“ABB”) from endangered to threatened on the Endangered Species Act...more

Allen Matkins

California Environmental Law & Policy Update - July 2020 #2

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Supreme Court reinstates streamlined permitting for pipelines, but not for Keystone XL project - Bullet Bloomberg Law – July 6 - The U.S. Supreme Court on Monday reinstated a streamlined permitting program, known as...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2020 #3

Industry Expert Insights - We reached out to one of our Lex Mundi partners and a well-known expert in Australia in the energy and legal industries to get her thoughts on the current energy climate. Emma Covacevich is...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

Perkins Coie

U.S. Fish and Wildlife Service Issues Guidance on Endangered Species Act Incidental Take Permits

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The U.S. Fish and Wildlife Service issued a guidance memorandum addressing when an incidental take permit may be needed under Section 10(a)(1)(B) of the Endangered Species Act for projects that modify habitat of federally...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

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

Pierce Atwood LLP

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

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NEW REGULATORY DEVELOPMENTS - Federal - Draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges - All 10 EPA regions are seeking public comment on the draft 2017...more

Kelley Drye & Warren LLP

Dunes Sagebrush Lizard Decision Upholds Importance of Conservation Agreements

On March 1, the oil and gas industry won a significant victory when the Court of Appeals for the D.C. Circuit upheld the U.S. Fish & Wildlife Service’s (“FWS”) decision that conservation agreements supported by the industry...more

Troutman Pepper Locke

Lesser Prairie Chicken Listing Vacated by Federal Court - What It Means for Energy Development

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Last week, in a decision that surprised many, a federal court in Texas overturned the U.S. Fish & Wildlife Service’s (Service) decision last year to list the lesser prairie chicken (LEPC) as “threatened” under the federal...more

K&L Gates LLP

Greater sage-grouse and land use in the inter-mountain west

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The greater sage-grouse—a ground-dwelling, chicken-like bird—has been the focus of controversy pitting conservation against energy development and ranching interests across the inter-mountain west. The greater sage-grouse’s...more

Latham & Watkins LLP

The Department of the Interior does not list sub-population of greater sage-grouse as a threatened or endangered species, but...

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On April 21, 2015, Sally Jewell, the Secretary of the Department of the Interior, announced that a sub-population of greater sage-grouse along the California-Nevada border does not require Endangered Species Act protection....more

Bracewell LLP

Texas Environmental Update

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We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

Bracewell LLP

Texas Environmental Update - February 28, 2014

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We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

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