News & Analysis as of

US Fish and Wildlife Service Renewable Energy Endangered Species Act (ESA)

Nossaman LLP

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

Nossaman LLP on

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

Brownstein Hyatt Farber Schreck

U.S. Fish and Wildlife Service Proposes to List Monarch Butterflies as a Threatened Species

After years on hold, the U.S. Fish and Wildlife Service (“USFWS”) is moving forward with a proposed rule to list monarch butterflies as threatened under the Endangered Species Act (“ESA”). On Dec. 12, 2024, USFWS published...more

Faegre Drinker Biddle & Reath LLP

Butterfly Nets and Business Bets: How Proposed Protections for Monarchs Could Snare Agribusiness, Renewables and Development

On December 12, 2024, the U.S. Fish and Wildlife Service (USFWS) published its proposal in the Federal Register to list the Monarch Butterfly (Danaus plexippus) as a threatened species under the Endangered Species Act (ESA)....more

Troutman Pepper Locke

Lek It or Not: ESA Listing of Lesser ‎Prairie-Chicken Has Major ‎Implications for Energy ‎Projects in ‎the Southwest

Troutman Pepper Locke on

On November 25, 2022, the U.S. Fish and Wildlife Service (the “Service”) published a final rule listing two Distinct Population Segments (“DPSs”) for the lesser prairie-chicken (Tympanuchus pallidicinctus, “LEPC”) under the...more

Stoel Rives - Renewable + Law

U.S. Fish and Wildlife Proposes Revisions to Eagle Permit Rules, Including General Permits for Qualifying Wind Energy Projects,...

On September 30, 2022 the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register of a proposed rule amending its regulations authorizing permits for eagle incidental take and eagle nest take....more

K&L Gates LLP

U.S. Fish and Wildlife Service Proposes "Endangered" Listing for Northern Long-Eared Bat

K&L Gates LLP on

On 23 March 2022, the U.S. Fish and Wildlife Service (the Service) issued a proposed rule (Proposed Rule) to reclassify the northern long-eared bat from a threatened species to an endangered species under the Endangered...more

Allen Matkins

California Environmental Law & Policy Update - November 2020

Allen Matkins on

U.S. formally exits Paris Climate Agreement - Bullet Associated Press – November 4 - The United States this Wednesday formally left the Paris Climate Agreement, a global pact it helped forge five years ago during the...more

Woods Rogers

Court Decision Vacating Nationwide Permit 12 Creates Concern for All Nationwide Permits

Woods Rogers on

On April 15, 2020, the United States District Court for the District of Montana issued a decision in the case of Northern Plains Resource Council v. U.S. Army Corps of Engineers which vacated the Corps of Engineers’...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2019

Federal Appeals Court Vacates Key Atlantic Coast Pipeline Permit - "A federal appeals court has pulled another permit issued to the Atlantic Coast Pipeline, saying the U.S. Fish and Wildlife Service had fast-tracked the...more

Farella Braun + Martel LLP

Revised Eagle “Incidental Take” Permit Regulations Strike a Better Balance

In December 2016, the U.S. Fish and Wildlife Service (Service) issued new regulations that provide an important mechanism for renewable energy, transmission line and other development projects to obtain eagle “incidental...more

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Perkins Coie

D.C. Circuit Overturns FWS Approval of Wind Farm Due to Bat Concerns

Perkins Coie on

The U.S. Court of Appeals for District of Columbia Circuit recently held that the U.S. Fish and Wildlife Service violated the National Environmental Policy Act by approving an Ohio wind energy project without looking at all...more

Perkins Coie

If At First You Do Not Succeed: Fish and Wildlife Service Tries Again With 30-Year Eagle Act Permit

Perkins Coie on

On May 6, 2016, the Fish and Wildlife Service (FWS or Service) published a proposed rule (Proposed Rule) that would substantially change how the Service administers its conservation and management program under the Bald and...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

Latham & Watkins LLP

Court Rejects 30 Year Eagle Permit Rule on NEPA Grounds

Latham & Watkins LLP on

On August 11, 2015, the US District Court for the Northern District of California remanded a US Fish & Wildlife Service’s (FWS) 2013 final rule that had extended the maximum duration of eagle take programmatic permits under...more

Latham & Watkins LLP

Bureau of Land Management Releases Conservation Plans for Greater Sage-Grouse

Latham & Watkins LLP on

On Thursday, May 28, 2015, the Bureau of Land Management (BLM) released fourteen final Environmental Impact Statements (EISs) that incorporate greater-sage-grouse conservation measures into the land-use plans for about 50...more

Nossaman LLP

When Uncertainty Surrounds California Solar Project, Court Defers to Agency Not Tortoise

Nossaman LLP on

Project opponents have been invoking the Endangered Species Act (ESA) with increasing regularity in an attempt to block the construction of large-scale renewable energy projects. ...more

Allen Matkins

California Environmental Law & Policy Update - February 2015 #3

Allen Matkins on

Environmental and Policy Focus: California lawmakers introduce sweeping new measures to increase renewable energy, cut fossil fuel use - San Jose Mercury News - Feb 10: Last Tuesday, California lawmakers unveiled a...more

Pierce Atwood LLP

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

Pierce Atwood LLP on

This monthly publication provides information on compliance deadlines, regulatory developments, and other developments in federal, Maine, Massachusetts, and New Hampshire environmental and land use laws. NEW REGULATORY...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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