Endangered Species Law

MAY 12, 2021

Fish and Wildlife Service (Service) recently announced its finding that three salamander species do not warrant listing as endangered or threatened species under the Endangered Species Act (ESA). samweli ), and Wintu salamander ( H. wintu ).

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Endangered Species Law

MAY 22, 2023

On Wednesday, May 17, 2023, the federal District Court for the District of Massachusetts granted summary judgment in favor of the United States Bureau of Ocean Energy Management (“BOEM”) and Vineyard Wind, and denied summary judgment to the plaintiffs in the case of Nantucket Residents Against Turbines v.

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MGKF Law

JANUARY 28, 2021

Fish and Wildlife Service ("FWS") and the National Marine Fisheries Service ("NMFS") (collectively, the "Services") finalized a rule defining the term "habitat" as used for designating "critical habitat" under the Endangered Species Act (the "ESA").

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Legal Planet

FEBRUARY 14, 2023

At that same time, EPA made a formal finding that the pesticides jeopardize the survival or critical habitat of endangered bees. That finding brings into play the Endangered Species Act in addition to EPA’S general authority over pesticides.

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National Law Center

FEBRUARY 16, 2023

On February 6, 2023, a federal judge in California issued a ruling concluding that the Endangered Species Act (“ESA”) preempted an. The post Judge Issues Ruling in Klamath River Dispute appeared first on National Agricultural Law Center.

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Endangered Species Law

MAY 23, 2023

Fish and Wildlife Service (Service) issued two mitigation policies: one titled “Mitigation Policy” and another titled “Endangered Species Act Compensatory Mitigation Policy.”

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Vermont Law

DECEMBER 20, 2017

Endangered Species Act. is “the most comprehensive legislation for the preservation of endangered species ever enacted by any nation” according to the United States Supreme Court in the landmark case. Pulling the Teeth Out of the Endangered Species Act. Tennessee Valley Authority v.

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Legal Planet

JUNE 1, 2022

The California Fish and Game Commission had accepted petitions to list four species of native California bees for protection under the California Endangered Species Act (CESA). That was the question before the Third District of the California Court of Appeal.

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Legal Planet

APRIL 3, 2023

Climate change as reason for threatened or endangered status under Endangered Species Act. Investment and incentives for clean technologies under the Inflation Reduction Act. Climate change as substantial impact requiring discussion in environmental impact statement. Federal energy policy A.

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Legal Planet

MAY 23, 2023

Because the NCCP process can be long and complex, individual projects typically don’t undertake it, but without such a plan the feasibility of a development where a fully protected species is present can be called into question, resulting in delays and, sometimes, abandonment of the project.

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Endangered Species Law

MARCH 13, 2023

jaegeriana ) as endangered or threatened species under the Endangered Species Act (ESA) is not warranted. Fish and Wildlife Service (Service) issued its 12-month finding that listing Joshua trees ( Yucca brevifolia and Y.

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Greenbuilding Law

MARCH 19, 2023

Less than a week before the effective date of the uplisting of the northern long-eared bat from threatened to endangered under the Endangered Species Act, the U.S. It is suggested that this uplisting is an example of the need to reform the Endangered Species Act. in more than half the country.

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Endangered Species Law

FEBRUARY 7, 2023

This January, the Department of the Interior and the Department of Commerce announced updated civil monetary penalties for violations of federal wildlife and natural resource protection laws including the Endangered Species Act (ESA), Marine Mammal Protection Act (MMPA), Bald and Golden Eagle Protection Act (BGEPA), Magnuson-Stevens Fishery Conservation (..)

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Endangered Species Law

FEBRUARY 24, 2023

Fish and Wildlife Service (Service) issued a proposed rule to list two distinct population segments (DPSs) of the California spotted owl ( Strix occidentalis ) as endangered and threatened species under the Endangered Species Act (ESA).

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Endangered Species Law

JANUARY 27, 2023

Fish and Wildlife Service (Service) proposed to designate approximately 104 river miles as critical habitat for the sickle darter ( Percina williamsi ) under the Endangered Species Act (ESA). On January 24, 2023, the U.S.

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Endangered Species Law

JANUARY 30, 2023

Court of Appeals for the Ninth Circuit issued a ruling holding that the United States Fish and Wildlife Service’s (Service) decision not to modify a recovery plan for the grizzly bear ( ursus arctos horrbilis ) was not a final agency action subject to review under the Administrative Procedure Act (APA). Pursuant to its.

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Endangered Species Law

MAY 22, 2023

Fish and Wildlife Service’s (Service) designation of certain areas in southern Arizona as critical habitat for the jaguar ( Panthera onca ) under the Endangered Species Act (ESA). Fish and Wildlife Service (Case No. 20-15654), a case in which a mining company challenged the U.S. With respect to the.

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Endangered Species Law

FEBRUARY 17, 2023

The order , issued in the midst of a recent drought to meet the needs of irrigators, mandated Reclamation to “immediately preclude or.

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Vermont Law

FEBRUARY 4, 2019

Ever increasing water use, and severe drought conditions, brought conflicts over water use to a head in the early 2000s when water conservation measures were taken in order to protect several fish listed under the Endangered Species Act (ESA). Three KRB fish species are especially significant from an environmental perspective.

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Enviromental Defense

NOVEMBER 7, 2021

And now the government has a new proposal – and it’s terrible for endangered species. TELL ONTARIO NOT TO BY-PASS THE ENDANGERED SPECIES ACT . The provincial government has created a ‘pay-to-slay’ fund that allows developers to pay money rather than actually protecting endangered species.

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Endangered Species Law

APRIL 11, 2023

Fish and Wildlife Service (Service) issued a final rule listing the bracted twistflower ( Streptanthus bracteatus ), a wildflower native to Texas, as threatened with a rule issued under section 4(d) of the Endangered Species Act (ESA).

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Endangered Species Law

APRIL 6, 2023

Fish and Wildlife Service (Service) rejected a petition filed by a group of environmental organizations under section 4(e) of the Endangered Species Act (ESA) to list the coyote ( Canis latrans ) as an endangered species due to its similarity of appearance to the endangered Mexican wolf ( C. lupus baileyi ).

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Endangered Species Law

MAY 18, 2022

Fish and Wildlife Service’s (Service) March 31, 2020 withdrawal (2020 Withdrawal) of a proposed Endangered Species Act (ESA) listing and section 4(d) rule for the “bi-state population” of the greater sage grouse (Bi-state Grouse). District Court for the Northern District of California overturned the U.S.

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Endangered Species Law

MARCH 15, 2023

District Court for the District of Columbia issued a ruling allowing the Center for Biological Diversity (CBD) to continue pursuing its large Endangered Species Act (ESA) lawsuit against the U.S. Last week, the U.S. Fish and Wildlife Service (Service) and the Department of the Interior.

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Endangered Species Law

MARCH 14, 2023

Army Corps of Engineers (Corps) and National Marine Fisheries Service (NMFS) alleging Endangered Species Act (ESA) violations in connection with the Corps’ operation of the Coyote Valley Dam on the Russian River in Northern California.

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Endangered Species Law

FEBRUARY 23, 2022

On February 16, 2022, a California state court upheld protections afforded the western Joshua tree ( Yucca brevifolia ) under the California Endangered Species Act (CESA).

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Endangered Species Law

FEBRUARY 4, 2022

Fish and Wildlife Service (Service) has issued a final rule reclassifying the Morro shoulderband snail ( Helminthoglypta walkeriana ) from endangered to threatened under the Endangered Species Act (ESA). The final rule also includes a rule issued under ESA section 4(d) to provide for the conservation of the species.

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Endangered Species Law

JANUARY 24, 2022

In July 2021, CalTrout submitted a petition to the California Fish and Game Commission (Commission) to list a population of the fish Oncorhynchus mykiss , referred to as the Southern California Steelhead or Southern Steelhead, as an endangered species under the California Endangered Species Act (CESA).

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Union of Concerned Scientists

APRIL 17, 2023

The legislation also sets forth a study about transferring all or part of the management of the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA), which would in effect transfer NOAA Fisheries to the Department of Interior.

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Legal Planet

APRIL 17, 2023

That’s a major departure from the environmental legislation of the 1970s—NEPA, the Clean Air Act, the Endangered Species Act, to name a few. For better or worse, it’s an incentives-based law that moves away from the reliance on traditional regulation and enforcement.

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Endangered Species Law

DECEMBER 29, 2021

Fish and Wildlife Service (Service) proposed to list the cactus ferruginous pygmy owl ( Glaucidium brasilianum cactorum ) (Owl) as threatened under the Endangered Species Act (ESA) primarily due to threats from climate change and habitat loss and fragmentation. On December 22, 2021, the U.S.

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Endangered Species Law

FEBRUARY 16, 2023

Fish and Wildlife Service (Service) published proposed revisions to its regulations governing incidental take and enhancement of survival permitting under Endangered Species Act (ESA) section 10. On February 9, 2023, the U.S.

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Enviromental Defense

APRIL 25, 2022

Ontario Court of Appeals decision upholds vital habitat protection provision under province’s Endangered Species Act. Ecojustice, acting on behalf of Environmental Defence and Ontario Nature, intervened in the case. Toronto, Ont./ No such exceptions were sought by the Town in this case. Ecojustice?uses

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Environmental News Bits

JUNE 2, 2022

A California appellate court recently concluded that the bumble bee is a “fish,” at least for the purposes of certain provisions in the California Endangered Species Act (Cal. Read the full story in the National Law Review. Because bumble bees are “fish,” they can be subject to the Cal.

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Endangered Species Law

DECEMBER 27, 2022

Court of Appeals for the Ninth Circuit ruled that the Environmental Protection Agency’s (EPA) 2019 registration of the pesticide “sulfoxaflor” violated the Endangered Species Act (ESA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) by unconditionally expanding allowed uses of the pesticide to blooming crops and (..)

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Endangered Species Law

JUNE 7, 2021

On June 4, 2021, the Biden Administration announced its intent to rescind or revise several implementing regulations for the Endangered Species Act (ESA) finalized under the prior administration.

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Inside Climate News

AUGUST 7, 2021

Because of global warming, they could soon become the latest species to be listed under the Endangered Species Act. But climate change threatens to drive these sea ice-dependent birds to extinction by the end of the century.

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