News & Analysis as of

US Fish and Wildlife Service Department of the Interior

K&L Gates LLP

Department of the Interior Issues Flurry of Actions Targeting Wind and Solar Energy Projects

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Under Secretary Doug Burgum, the Department of the Interior (DOI) has quickly moved to implement Sections 4 and 5 of President Trump’s 7 July Executive Order 14315 titled “Ending Market Distorting Subsidies for Unreliable,...more

Stoel Rives - Renewable + Law

U.S. Department of Interior Directs U.S. Fish and Wildlife Service to Audit Eagle Permitting Program, Signals Potential for...

On August 4, 2025, U.S. Department of Interior Deputy Chief of Staff-Policy Gregory Wischer issued a memorandum directing the U.S. Fish and Wildlife Service to take multiple actions related to the Service’s eagle permitting...more

Troutman Pepper Locke

Illegal Eagles: DOI Sinks Its Talons Even Deeper Into Wind Energy

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The frenetic pace of anti-renewable actions from the U.S. Department of the Interior (DOI) has continued into this week with the issuance of a new memorandum from Greg Wischer, deputy chief of staff for policy, directing the...more

Orrick, Herrington & Sutcliffe LLP

The Department of the Interior Establishes New Review Procedures for Wind and Solar Energy Projects

On July 15, 2025, the Office of the Secretary of the Department of the Interior (the “Department”) issued a memorandum—“Departmental Review Procedures for Decisions, Actions, Consultations, and Other Undertakings Related to...more

Husch Blackwell LLP

New U.S. Department of the Interior Review Procedures for Activities Related to Wind and Solar Energy

Husch Blackwell LLP on

On July 15, 2025, the U.S. Department of the Interior (DOI) circulated an internal memorandum, requiring 68 different DOI actions related to wind and solar project development to be submitted to the DOI Office of the...more

Nossaman LLP

Endangered Species Act Regulations in Department of the Interior’s Crosshairs

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On January 20, 2025, President Trump issued Executive Order 14154, “Unleashing American Energy,” which requires all agencies to identify actions that potentially burden deployment of domestic energy resources and develop...more

Husch Blackwell LLP

Trump Executive Actions Impacting Renewable Energy

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On President Trump’s first and second days in office, the new administration released a flurry of executive actions, in the form of both memorandums and executive orders, focused on the energy industry:...more

Akin Gump Strauss Hauer & Feld LLP

Putting People Over Fish: Stopping Radical Environmentalism to Provide Water to Southern California

President Trump has directed the Secretary of Commerce and Secretary of the Interior, in consultation with the heads of other departments and agencies of the United States as necessary, to immediately restart the work from...more

Bergeson & Campbell, P.C.

Ya-Wei (Jake) Li, Deputy Assistant Administrator for Pesticide Programs, to Leave EPA and Take Position with FWS

On September 30, 2024, Ya-Wei (Jake) Li, Deputy Assistant Administrator for Pesticide Programs at the U.S. Environmental Protection Agency (EPA), announced that he will be leaving EPA to take a position with the U.S....more

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

Endangered Species Act/Citizen Suit Action: Earthjustice Alleges U.S. Department of Interior Violations Approving Pinto Valley...

Earthjustice sent a June 11th 60-day Endangered Species Act (“ESA”) citizen suit Notice of Intent to Sue (“NOI”) to the Tonto National Forest (“Forest”). The NOI alleges that Forest violated Section 7 of the ESA in its...more

Cozen O'Connor

AG Lawsuit Challenges Endangered Status of Lesser Prairie-Chickens

Cozen O'Connor on

The AGs of Texas, Kansas, and Oklahoma filed a lawsuit against the U.S. Department of the Interior and the U.S. Fish and Wildlife Service (USFW) and their respective Secretary and Director for allegedly violating the U.S....more

Nossaman LLP

Federal Court Allows Center for Biological Diversity to Continue Large ESA Lawsuit Against U.S. Fish and Wildlife Service

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Last week, the U.S. District Court for the District of Columbia issued a ruling allowing the Center for Biological Diversity (CBD) to continue pursuing its large Endangered Species Act (ESA) lawsuit against the U.S. Fish and...more

Nossaman LLP

2023 Inflation Adjustments to Civil Penalties for Violations of Wildlife Protection Laws Announced

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This January, the Department of the Interior and the Department of Commerce announced updated civil monetary penalties for violations of federal wildlife and natural resource protection laws including the Endangered Species...more

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

Habitat Connectivity on Public Lands: U.S. Department of the Interior Bureau of Land Management Issues Instruction Memorandum

The United States Department of Interior Bureau of Land Management (“BLM”) issued a November 15th Instruction Memorandum (“IM”) titled: Habitat Connectivity on Public Lands...more

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

Endangered Species Act/Clean Water Act: Environmental Organizations Challenge the State of Washington's Cyanide Water Quality...

The Western Environmental Law Center and Center for Biological Diversity (collectively “CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of...more

Allen Matkins

California Environmental Law & Policy Update - January 2022

Allen Matkins on

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

Department of the Interior Releases Hefty Agenda

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On December 10, 2021, the Biden Administration released the Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which is a semi-annual compilation of information concerning regulations and policy...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Rulemaking Proposed, Comments Solicited

We interrupt our usual scrutiny of the courts to focus (mostly) on the important developments in notices and rulemaking issued by and concerning federal regulatory agencies and departments in the past several weeks....more

Beveridge & Diamond PC

Incidental Take of Migratory Birds Once Again a Federal Crime; FWS Considering New Permitting Program

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After a brief hiatus, incidental take of migratory birds will again be a federal crime beginning December 3, 2021. Less than 10 months after instituting a final rule declaring that incidental take of birds is not subject to...more

Stoel Rives - Renewable + Law

Biden Administration Proposes Rollback of Trump Administration Migratory Bird Rule

In May, the U.S. Fish and Wildlife Service (“Service”) announced a proposed rule revoking the Trump administration’s final rule on incidental take under the Migratory Bird Treaty Act (“MBTA”). In the January 7, 2021 final...more

Nossaman LLP

Congress Urges Action on Monarch

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On June 29, 2021, fourteen members of Congress delivered a letter to Secretary of the Interior Deb Haaland, urging the U.S. Fish and Wildlife Service (Service) to use its authority to list the monarch butterfly (Danaus...more

Nossaman LLP

SCOTUS Won’t Wade Into the Chicken Coop

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On June 7, 2021, the U.S. Supreme Court (“SCOTUS”) agreed with the Department of Justice and declined to hear a case brought by the Kansas Natural Resource Coalition (Coalition) challenging the U.S. Fish and Wildlife...more

Nossaman LLP

Biden Administration Asks Supreme Court to Reject Challenge to ESA Rule

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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

Troutman Pepper Locke

Fish and Wildlife Service Proposes to Restore Incidental Take Prohibition Under Migratory Bird ‎Treaty Act – What You Need to Know

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On May 7, 2021, the U.S. Fish and Wildlife Service (“USFWS” or “Service”) published a proposed rule that would restore the traditional interpretation of the Migratory Bird Treaty Act (“MBTA”) as prohibiting incidental take...more

Holland & Hart LLP

Wildlife Roundup

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The regulation of protected wildlife is likely to undergo a seismic shift as a result of the change in administrations. Whereas the Trump Administration took several actions to narrow the reach of wildlife protection...more

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