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US Fish and Wildlife Service Department of the Interior Energy Sector

Husch Blackwell LLP

Trump Executive Actions Impacting Renewable Energy

Husch Blackwell LLP on

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

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

Perkins Coie

Department Of Interior Declares That Only Deliberate Acts Constitute Take Of Migratory Birds

Perkins Coie on

The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of...more

Perkins Coie

Department of Interior Reverses MBTA’s Take Definition in a New Solicitor’s Opinion

Perkins Coie on

The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of...more

Latham & Watkins LLP

Interior Department and Forest Service Identify Burdens on Domestic Energy Development

Latham & Watkins LLP on

Report on the agencies’ review of programs provides a roadmap to understanding which energy policies the Trump administration will revise. Several federal agencies have now issued reports responding to Executive Order (EO)...more

Nossaman LLP

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

Nossaman LLP on

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

Nossaman LLP

Nevada Solar Project Survives Ninth Circuit Review Despite Impacts to Tortoise Connectivity

Nossaman LLP on

On May 18, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment decision in favor of the Secretary of the Department of the Interior and other federal officials in an...more

Perkins Coie

DOI Issues Solicitor’s Opinion That MBTA Prohibits Incidental Take

Perkins Coie on

The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37041 on January 10, 2017, arguing that incidental take is prohibited under the Migratory Bird Treaty Act (MBTA). The solicitor’s opinion was...more

WilmerHale

Administration Announces New Mitigation Policies

WilmerHale on

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

Morgan Lewis

Sage-Grouse Not Listed Under Esa In Wake Of New State-Led Conservation Efforts

Morgan Lewis on

Federal officials deem that state-led efforts are sufficient to protect the bird’s habitat for the near future. On September 22, the administration of US President Barack Obama announced that, given the “unprecedented”...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

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