Stoel Rives Deeply Rooted Podcast Season 3 Episode 2: Forest Management, Endangered Species, and Regulatory Frameworks with Galen Schuler, General Counsel for Green Diamond Resources
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
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
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
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
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 The Service has repealed a Trump-era rule that excluded incidental take...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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