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U.S. Fish & Wildlife Service Issues 90-Day Finding on Golden-cheeked Warbler Delisting Petition

Endangered Species Law

Fish & Wildlife Service (Service) will publish a positive 90-day finding on a 2016 petition (Petition) to delist the golden-cheeked warbler ( Setophaga chrysoparia ) (GCWA). The decision comes on the heels of the agency’s recent recommendation to downlist the GCWA from endangered to threatened.

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EPA Must Consult With Other Agencies Before Issuing Water Quality Criteria: Is This an Example of Congressional Use of Behavioral Economics?

Law and Environment

Last month, Judge John Hunderaker held that the Endangered Species Act requires EPA to consult with the Fish and Wildlife Service and the National Marine Fisheries Service before issuing recommended water quality criteria. He also vacated EPA’s 2016 chronic freshwater criterion for cadmium.

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Proposed Amendments to Endangered Species Act Regulations Could Curtail Protections for Species Imperiled by Climate Change

Columbia Climate Law

Fish and Wildlife Service (FWS) and NOAA Marine Fisheries (NMFS) issued a sweeping proposal to amend key provisions of the Endangered Species Act (ESA), including provisions pertaining to listing decisions, critical habitat designations, and interagency consultations. By Jessica Wentz. In July, the U.S.

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Climate Litigation Chart Updates – November 2016

Law Columbia

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). 24, 2016); Alaska Oil & Gas Association v. Alaska Oil & Gas Association v.

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The Dusky Gopher Frog Causes Big Problems for Industrial and Commercial Development in Parts of St. Tammany Parish

The Energy Law

In 2010, under the Endangered Species Act (“ESA”), the United States Fish and Wildlife Service (“the FWS”) designated 6,477 acres in Mississippi and Louisiana as “critical habitat” for the Rana sevosa or the dusky gopher frog. 2016 WL 3568093, at *1-2 (5th Cir. June 30, 2016). Markle Interests, L.L.C.

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Protection of Lawyers Against Defamation Actions Does Not Apply to Press Releases

Acoel

This case arose under a dispute involving the Endangered Species Act, but the principles announced by the Court apply to lawyers generally. Animal Legal Defense Fund (No.19-0036) 19-0036) , Texas’ highest court provided a memorable example of the interaction of law and ethics rules. The aquarium is licensed by the USDA.

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How a Federal Drought Relief Program Left Southern Oregon Parched—and Contributed to the Ongoing Groundwater Crisis in the West

Circle of Blue

Then came new conservation regulations and litigation that complicated USBR’s water obligations. Infamously, California does not currently regulate groundwater.) A stone’s throw across State Line Road separating Oregon from California are a series of deep, powerful irrigation wells that reach up to 2,380 feet into the ground.

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