News & Analysis as of

US Fish and Wildlife Service Environmental Assessments

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

Holland & Hart LLP

The Montana Environmental Protection Act (MEPA) and the Upcoming 2025 Legislative Session

Holland & Hart LLP on

What’s Happening with MEPA Right Now (And Why You Should Care) - If you need a permit from a Montana state agency, you have a project on state land, or you need the state to take any kind of action to complete your...more

Nossaman LLP

Species Status Assessments under the Endangered Species Act

Nossaman LLP on

On February 28, 2023, I published a post on the Center for California Water Resources Policy and Management’s DeltaCurrents blog discussing Species Status Assessments (SSAs) as a tool to facilitate implementation of the...more

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

Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

Perkins Coie

EIS and Biological Opinion Invalidated for Offshore Alaska Oil Project

Perkins Coie on

The Ninth Circuit vacated U.S. Department of the Interior approvals for a proposed offshore oil drilling and production facility in Alaska after finding its EIS improperly failed to consider impacts associated with foreign...more

Pillsbury Winthrop Shaw Pittman LLP

Proposed Definition of “Habitat” May Endanger the Endangered Species Act

Comment period on FWS/NMFS proposal will close soon. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have proposed that a definition of “habitat” be added to the Endangered Species Act. The...more

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

National Environmental Policy Act/Endangered Species Act: Federal Appellate Court Addresses Challenge to U.S. Forest Service...

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a June 4th Order whether the United States Fish and Wildlife Service (“FWS”) and the United States Forest Service (“USFS”) approval of the...more

Nossaman LLP

Judge upholds Service’s denial of petition to delist golden-cheeked warbler

Nossaman LLP on

On February 6, 2019, a federal judge upheld U.S. Fish and Wildlife Service’s (Service) 90-day finding that a petition to delist the endangered golden-cheeked warbler (Petition) did not present substantial information that...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #2

SEC Drops Probe of Exxon's Accounting Practices - "The Securities and Exchange Commission has dropped its probe into whether ExxonMobil misled investors about its knowledge of climate change and the potential effects on...more

K&L Gates LLP

Eagles Back in the Nest: FWS 30-Year Eagle “Take” Rule Vacated Less than Two Years after Implementation

K&L Gates LLP on

On August 11, 2015, the United States District Court for the Northern District of California struck down a U.S. Fish and Wildlife Service (the “Service”) regulation that increased the maximum duration of programmatic permits...more

Davis Wright Tremaine LLP

Windfarm Industry Suffers Setback as Court Rejects 30 Year Eagle Permit Rule

On August 11, 2015, a district court in Silicon Valley remanded a U.S. Fish and Wildlife Service (FWS) rule issued in 2013 that had extended the potential term of incidental take permits under the Bald and Golden Eagle...more

Beveridge & Diamond PC

Avoiding NEPA – Even for “Worthy Goals” – Is Never Advisable

Beveridge & Diamond PC on

From the very first day of my legal career, clients have asked me some variation of this question: “Why can’t we just prepare a shorter Environmental Assessment (EA) or even issue a Categorical Exclusion (no analysis at all)...more

Davis Wright Tremaine LLP

Fish and Wildlife Announces In-Depth Review of Eagle Management Policy

The U.S. Fish and Wildlife Service announced last week that it intended to conduct either a NEPA environmental assessment (EA) or an environmental impact statement (EIS) concerning its bald and golden eagle management...more

Nossaman LLP

District Court Upholds Biological Opinion For Wind Energy Project In Imperial County, California

Nossaman LLP on

On November 20, 2013, the United States District Court for the Southern District of California rejected a challenge by various plaintiffs and upheld the biological opinion and incidental take statement issued by the U.S. Fish...more

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