Reforming the California Endangered Species Act

Legal Planet

California has a rich heritage of biodiversity, with many species found nowhere else in the world (including the iconic giant sequoia trees). However, there are many species protected under the federal ESA that are not protected under CESA. Repeal fully protected species provisions.

ABA Publishes Third Edition of Endangered Species Act Treatise

Endangered Species Law

The American Bar Association has published a newly revised edition of its tome Endangered Species Act: Law, Policy, and Perspective.

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Service Finds Salamanders Do Not Warrant Endangered Species Act Protection

Endangered Species Law

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). The U.S.

An Overview of the Listing Process Under the California Endangered Species Act

Endangered Species Law

In an article published this week in California Fish and Wildlife , co-authors Stephanie Clark, Ashley Remillard and I provide an overview of the process of determining whether to list species as threatened or endangered, and thereby protect them, under the California Endangered Species Act (CESA).

New “Habitat” Rule for the Endangered Species Act Finalized

MGKF Law

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"). The ESA requires the Services to designate critical habitat for threatened and endangered species to conserve the ecosystems relied upon by these species. Last week the U.S.

Florida’s Majestic Manatees Are Starving to Death

Inside Climate News

Some experts contend they were taken off the endangered species list prematurely. Science Climate Change Endangered Species Endangered Species Act Florida manatees NERN - SoutheastDeprived of once plentiful seagrass, more than 900 have died this year.

Court Sets Aside Pesticide Registration For ESA Violations

National Law Center

Brigit Rollins Endangered Species Act Environmental Law Environmental Protection Agency Federal Insecticide, Fungicide, and Rodenticide Act Pesticides

Pulling the Teeth Out of the Endangered Species Act

Vermont Law

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. decides the species is in danger of extinction; or (2) an.

2017 52

How the Endangered Species Act is Helping to Restore the Klamath River Basin

Vermont Law

Fish are another important ecological component of the KRB, with 83 fish species are found throughout. 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. Endangered Species Act: Overview.

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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. In 2016, the Animal Legal Defense Fund (ALDF) and its lawyers sent a letter notifying Landry’s of its intent to sue and its allegations that Landy’s was in violation of the Endangered Species Act (ESA) for the conditions it provided for the endangered tigers. Posted on September 7, 2021 by Irma Russell.

New Working Paper Examines Role of Climate Attribution Science in Endangered Species Management

Law Columbia

By Jessica Wentz, The IPBES Global Assessment on Biodiversity and Ecosystem Services (2019) estimated that approximately one million species are currently at risk of extinction, with climate change being a major driver of accelerating extinction risk. These phenomena are driving changes in species distribution, phenology, and population dynamics, as well as changes in the structure and function of ecosystems and the timing of ecological processes.

Change Is in the Air: The Migratory Bird Treaty Act, the Endangered Species Act and the Biden Administration

Arnold Porter

The Biden Administration has signaled that it will be rolling out significant changes related to the interpretation and enforcement of key provisions of the Migratory Bird Treaty Act (MBTA) and the Endangered Species Act (ESA). Migratory Bird Treaty Act.

Here are the 23 species the Interior Department declared extinct

Environmental News Bits

Fish & Wildlife Service (USFWS) on Wednesday confirmed the extinction of 22 animal species and one plant that had previously been listed under the Endangered Species Act. Interior Secretary Deb Haaland warned that climate change will exacerbate the conditions that led to their extinction, saying “now is the time to… Read more → Biodiversity Endangered speciesRead the full story at The Hill. The U.S.

Service Finds Humpback Chub Swimming In The Right Direction

Endangered Species Law

Fish and Wildlife Service (Service) issued a final rule reclassifying the humpback chub ( Gila cypha ), a fish endemic to portions of the Colorado River basin, from endangered to threatened under the Endangered Species Act (ESA). On October 18, 2021, the U.S.

Warming Trends: Penguins in Trouble, More About the Dead Zone and Does Your Building Hold Climate Secrets?

Inside Climate News

Because of global warming, they could soon become the latest species to be listed under the Endangered Species Act. A column highlighting climate-related studies, innovations, books, cultural events and other developments from the global warming frontier.

ESA Implementation Thrown Into Flux

Endangered Species Law

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.

Six Island Species to be Removed from ESA Protections

Endangered Species Law

Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) proposed rules to remove six species from the lists of endangered and threatened wildlife and plants under the Endangered Species Act (“ESA”).

Service Proposes Delisting 23 Species Due to Extinction and 1 Spider Due to Taxonomic Revision

Endangered Species Law

Fish and Wildlife Service (Service) published two proposed rules to delist a total of 24 species under the Endangered Species Act (ESA). First, the Service published a proposed rule delist 23 species as a result of the species’ extinction.

USFWS Issues 12-month Findings on Chipmunk, Moss, Butterflies, and Springsnails

Endangered Species Law

Fish and Wildlife Service (USFWS) issued three separate notices in the Federal Register concerning the agency’s 12-month findings on a number of petitions to list various wildlife and plants under the Endangered Species Act (ESA). This week, the U.S.

USFWS Ordered to Take Another Look at Joshua Tree

Endangered Species Law

Fish and Wildlife Service’s (Service) negative 12-month finding (Finding) on a petition by WildEarth Guardians (Guardians) to list the Joshua tree ( Yucca brevifolia ) as threatened under the Endangered Species Act (ESA). On September 20, 2021, the U.S.

WEBINAR: Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate

Endangered Species Law

Others result from the uncertainty inherent in pending listing decisions under the Endangered Species Act, updates to the Nationwide Permitting Program under the Clean Water Act, the ever-changing definition of Waters of the United States and the Biden

U.S. Fish and Wildlife Service to Consider Re-Listing Gray Wolf Populations under ESA

Endangered Species Law

Fish and Wildlife Service (Service) announced its 90-day findings on petitions to list two proposed distinct population segments (DPS) of the gray wolf ( Canis lupus ) as threatened or endangered under the Endangered Species Act (ESA): a Northern Rocky Mountains DPS and a Western United States DPS.

U.S. Fish & Wildlife Service Proposes Listing Bog Buck Moth as Endangered

Endangered Species Law

Fish and Wildlife Service (Service) issued a proposed rule to list the bog buck moth ( Hemileuca maia menyanthevora ) (= H.iroquois ) as endangered under the Endangered Species Act (ESA). Gerald J.

USFWS Lists Alabama Crayfish Species as Endangered, Designates 78 Miles of River as Critical Habitat

Endangered Species Law

Fish and Wildlife Service ("USFWS") published a final rule in the Federal Register listing the slenderclaw crayfish as endangered under the Endangered Species Act ("ESA") and identifying approximately 78 miles of river in DeKalb and Marshall Counties, Alabama as critical habitat for the species.

Service Lists Franklin’s Bumble Bee as Endangered Species

Endangered Species Law

Fish and Wildlife Service (Service) recently listed the Franklin’s bumble bee as an endangered species under the Endangered Species Act. Historical records indicate that the species is endemic to southwest Oregon and northern California. The U.S.

The U.S. Fish and Wildlife Service Shows Its Texas Mussel

Endangered Species Law

Specifically, the Service has proposed to list the Guadalupe fatmucket ( Lampsilis bergmanni ), Texas fatmucket ( Lampsilis bracteata ), Guadalupe orb ( Cyclonaias necki ), Texas pimpleback ( Cyclonaias (= Quadrula ) petrina ), and false spike ( Fusconaia (= Quincuncina ) mitchelli ) as endangered

FWS Delists Cumberland Sandwort under the ESA

Endangered Species Law

Fish and Wildlife Service (FWS) published a final rule delisting the now-recovered Cumberland sandwort ( Arenaria cumberlandensis ) under the Endangered Species Act (ESA). In 1996, the FWS released a recovery plan for the species. On Monday, the U.S.

Recovered Running Buffalo Clover Delisted from the ESA

Endangered Species Law

Fish and Wildlife Service (“USFWS”) finalized the removal of the now-recovered Trifolium stoloniferum (running buffalo clover) from the list of endangered and threatened wildlife and plants protected under the Endangered Species Act (“ESA”).

Congress Urges Action on Monarch

Endangered Species Law

Fish and Wildlife Service (Service) to use its authority to list the monarch butterfly ( Danaus plexippus ) on an emergency basis under section 4 of the Endangered Species Act (ESA).

FWS to Assess Revisions to Mount Graham Red Squirrel’s Critical Habitat Designation

Endangered Species Law

Fish and Wildlife Service (FWS) published a 12-month finding on a petition to revise the critical habitat designation for the endangered Mount Graham red squirrel ( Tamiasciurus hudsonicus grahamensis ) under the Endangered Species Act (ESA). This week, the U.S.

Service to Further Evaluate Listing of Wolf and Mussel, But Not Delisting of Warbler

Endangered Species Law

Fish and Wildlife Service (Service) published a Federal Register notice addressing 90-day findings for three separate species. With the notice, two species moved one step closer to being listed under the federal Endangered Species Act (ESA).

Service Proposes Critical Habitat Designation for Pearl Darter

Endangered Species Law

Fish and Wildlife Service (Service) published a proposed rule to designate critical habitat for the pearl darter ( Percina aurora ) under the federal Endangered Species Act (ESA). On July 13, the U.S.

FWS Proposes Downlisting the Razorback Sucker

Endangered Species Law

Fish and Wildlife Service (FWS) published a proposed rule in the Federal Register announcing the agency’s finding that the razorback sucker ( Xyrauchen texanus ) no longer warrants listing as an endangered species under the federal Endangered Species Act (ESA).

Critical Habitat Designation Reduced for Northern Mexican Gartersnake

Endangered Species Law

This week, the United States Fish and Wildlife Service ("Service") published a final rule designating critical habitat for the northern Mexican gartersnake ( Thamnophis eques megalops ) under the Endangered Species Act (“ESA”).

Biden Administration Asks Supreme Court to Reject Challenge to ESA Rule

Endangered Species Law

On May 14, 2021, the Department of Justice filed a brief with the Supreme Court arguing that the Court should not hear the case of Kansas Natural Resource Coalition v. Department of Interior (“ KNRC ”).

Ninth Circuit Strikes Down ESA 30-Day Listing Petition Rule

Endangered Species Law

Fish and Wildlife Service (Service) rule requiring that affected states receive a 30-day notice of an intent to file a petition to list a species as endangered or threatened is inconsistent with the Endangered Species Act (ESA).

PA Natural Heritage Program Provides Wild Heritage News Update

PA Environment Daily

Major initiatives highlight, include-- -- Life On A Boulder Field -- Green Isn't Always Good - Invasive Species -- When Life Gives You Rhus, Make Rhusade! The PA Natural Heritage Program's Summer Wild Heritage News is now available to provide an update on recent program activities.

SCOTUS Further Defines Deliberative Process Documents Exempt From FOIA

MGKF Law

The Freedom of Information Act (“FOIA”) requires federal agencies to produce certain documents upon request to the general public unless one of nine exemptions applies. Read More » Tags: Endangered Species Act , FOIA , Rulemaking FOIA’s fifth exemption “protects from disclosure documents generated during an agency’s deliberations about a policy, as opposed to documents that embody or explain a policy that the agency adopts.”

The Justice Department Announces Successful Enforcement Action Against Trafficking in Protected Wildlife

Arnold Porter

Gutierrez admitted to acting as the middleman between several Mexico-based suppliers and US-based customers and was part of one of the most successful cross-border schemes to illegally trade wildlife in the United States. and the Endangered Species Act (ESA).[[N:16

Guest Post: Pass the Climate Commitment Act on Earth Day

Washington Nature

On April 22, Earth Day, the Washington State House will vote on the Climate Commitment Act ( SB 5126 ). There is no better way for the Washington Legislature to honor Earth Day than by passing the Climate Commitment Act. Pass the Climate Commitment Act on Earth Day!