News & Analysis as of

Trump Administration Regulatory Reform Endangered Species

Troutman Pepper Locke

No Harm, No Foul? Services Propose to Remove Harm Definition from Endangered Species Act Regulations

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On April 17, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together Services) published a proposed rule to rescind the long-standing definition of “harm” under the Endangered Species...more

Nossaman LLP

Court Vacates Trump-Era ESA Regulations

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On July 5, 2022, the U.S. District Court for the Northern District of California issued an order vacating three Trump-era regulations implementing the Endangered Species Act (“ESA”)....more

Nossaman LLP

Habitat Definition No Longer Applies in Critical Habitat Designations

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On June 24, 2022, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, Services) published a final rule rescinding the Trump administration’s 2020 final rule defining “habitat” for the...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

Stinson LLP

Tracking Environmental Midnight Rules as the Clock Ticks down on the Trump Administration

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With a new year approaching, so does the imminence of a new presidential administration. The Biden team and transition team have laid out environmental policies since early in the campaign....more

Nossaman LLP

Gray Wolf Removed from Endangered Species List & Environmental Groups File Notice of Intent to Sue

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On November 3, 2020, the United States Fish & Wildlife Service (“Service”) published a final rule removing the gray wolf (canis lupus) from the federal list of Endangered and Threatened Species in the lower 48 United States...more

Nossaman LLP

Service Announces American Burying Beetle Downlisting and 4(d) Rule

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The United States Fish and Wildlife Service ("Service") recently released a pre-publication version of its final rule to reclassify the American burying beetle (Nicrophorus americanus) from endangered to threatened under the...more

Nossaman LLP

Kangaroo Rat: From Endangered to Threatened

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On August 19, 2020, the U.S. Fish and Wildlife Service (Service) published a proposed rule that would remove the Stephens’ kangaroo rat (Dipodomys stephensi) from the federal list of Endangered Species....more

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Court Reignites Migratory Bird Treaty Act Question

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On August 11, 2020, a federal district court in New York ruled that the unintentional or incidental “take” of migratory birds is a crime under the Migratory Bird Treaty Act (“MBTA”), vacating a Department of the Interior...more

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USFWS proposes to codify Trump Administration position on MBTA

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Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more

Hogan Lovells

ESA revised regulations: what to expect

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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

Nossaman LLP

ESA Regulatory Reform Package Crosses the Finish Line

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More than a year after the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) published proposals to revise several Endangered Species Act (ESA) implementing...more

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Trump Administration Announces Plan to End Gray Wolf Protections

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Acting Secretary of the U.S. Department of the Interior, David Bernhardt, recently announced that the U.S. Fish and Wildlife Service (Service) will publish a proposed rule removing federal protections under the Endangered...more

Hogan Lovells

U.S. Fish and Wildlife Service proposes significant reform to regulations implementing the Endangered Species Act

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Yesterday, the U.S Fish and Wildlife Service and National Marine Fisheries Service (the Services) proposed in the Federal Register the first major regulatory reforms to the Endangered Species Act (ESA or Act) under the Trump...more

Nossaman LLP

Agencies and Lawmakers Seek ESA Reform

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In recent weeks, the Trump Administration and Congress have proposed changes to the Endangered Species Act (“ESA”) and its implementing regulations. ...more

Nossaman LLP

End of the Year Endangered Species Round-Up

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As 2018 approaches, the U.S. Fish and Wildlife Service (“Service”) made a few announcements that will likely impact the list of threatened and endangered species. In these last 11 days of 2017, the Service announced 90-day...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

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