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.

Another Win for Science: Gray Wolves Regain Endangered Species Protection

Union of Concerned Scientists

Scientific Integrity Endangered Species Act Gray WolfBut will the Biden administration follow the science?

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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.

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.

Ninth Circuit Orders EPA to Revisit Conclusion That Glyphosate is “Not Likely” to Cause Cancer

National Law Center

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

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.

Ag and Food Law Daily Update: April 19, 2022

National Law Center

Ag & Food Law Update Endangered Species Act Food and Drug Administration National Oceanic and Atmospheric AdministrationA comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE. .

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Ag and Food Law Daily Update: April 25, 2022

National Law Center

Ag & Food Law Update Daily Update Endangered Species Act Environmental Protection Agency Fish and Wildlife ServiceA comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE. .

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Ag and Food Law Daily Update: March 10, 2022

National Law Center

Ag & Food Law Update Endangered Species Act Environmental Protection Agency National Oceanic and Atmospheric Administration Underserved Communities, BIPOC United States Department of Agriculture

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EPA Adopts New Policy For ESA Consultations & New Pesticide Active Ingredients

National Law Center

On January 11, 2022, the Environmental Protection Agency (“EPA”) announced that effective immediately it had changed its policy regarding Endangered Species.

When is a bee a fish?

Legal Planet

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). The Commission now has a strong basis for listing more species of invertebrates under CESA.

Ag and Food Law Daily Update: April 7, 2022

National Law Center

Ag & Food Law Update Endangered Species Act Environmental Protection Agency Fish and Wildlife Service Food Labeling United States Department of AgricultureA comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food.

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Environmental Law Topics to Watch in 2022

National Law Center

Brigit Rollins Clean Water Act Endangered Species Act Environmental Law Environmental Protection Agency Fish and Wildlife Service National Environmental Policy Act Pesticides

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Ag and Food Law Daily Update: January 14, 2021

National Law Center

Ag & Food Law Update Endangered Species Act Environmental Law Environmental Protection Agency Labor National Oceanic and Atmospheric Administration United States Department of Agriculture

Ag and Food Law Daily Update: February 28, 2022

National Law Center

Ag & Food Law Update Agricultural Marketing Service Commodity Credit Corporation Endangered Species Act Environmental Protection Agency Fish and Wildlife Service Food and Drug Administration Food Safety and Inspection Service Forest Service Pesticides

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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.

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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.

2018 52

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

Biden Administration Begins Review of Environmental Regulations

National Law Center

Brigit Rollins Clean Water Act Endangered Species Act Environmental Law Environmental Protection Agency Fish and Wildlife Service National Environmental Policy Act

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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Ghost Wolves and Genetic Reliquaries

Acoel

For nearly a decade, wild dogs that vividly resemble endangered red wolves have begun to appear in the Texas coastal plain. Red wolves have a problematic, and tragic, history under the Endangered Species Act. Endangered Species Act

Chop, chop: Ontario’s Attacks on Endangered Species Keep Coming

Enviromental Defense

Ontario had one of the strongest endangered species laws in the world because the people of Ontario care about our natural heritage. And now the government has a new proposal – and it’s terrible for endangered species. The endangered Yellow Downey False Foxglove.

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.

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.

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.

FWS and NOAA Decide That “Habitat” Should Not Be Defined By Regulation: I Hope This Is Good News

Law and Environment

This week, the Fish and Wildlife Service and the National Oceanic and Atmospheric Administration issued a rule rescinding the rule issued in 2020 defining “habitat” for the purposes of determining what constitutes “critical habitat” under the Endangered Species Act.

How bumble bees became “fish”: A California appellate decision illustrates canons of statutory construction

Environmental News Bits

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. Endangered species Environmental lawRead the full story in the National Law Review. Because bumble bees are “fish,” they can be subject to the Cal.

Federal Court Orders Service to Take a Third Look at Bi-state Sage Grouse Listing Status

Endangered Species Law

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). On May 16, 2022, 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.

Montana petitions U.S. Fish and Wildlife Service to delist NCDE grizzlies

Environmental News Bits

Fish and Wildlife Service to remove Endangered Species Act protections for grizzly bears in the Northern Continental Divide Ecosystem, citing robust population counts and touting the state’s ability to independently manage Montana’s grizzly bears,… Read more → Endangered species Environmental lawRead the full story from Montana Free Press. Greg Gianforte’s office announced today that the state is petitioning the U.S.

Listing Decision on Western Joshua Tree Delayed by Tied Vote

Endangered Species Law

On June 16, 2022, a vote by the California Fish and Game Commission (Commission) on whether the Western Joshua tree ( Yucca brevifolia ) should be listed as threatened under the California Endangered Species Act (CESA) resulted in a 2-2 tie.

California Court Maintains Protections for Western Joshua Tree

Endangered Species Law

On February 16, 2022, a California state court upheld protections afforded the western Joshua tree ( Yucca brevifolia ) under the California Endangered Species Act (CESA). A Commission finding that listing a species under CESA may be warranted

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 Downlists Morro Shoulderband Snail with a 4(d) Rule

Endangered Species Law

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 U.S.

Fish and Game Commission to Consider Protections for Southern California Steelhead

Endangered Species Law

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).

Diminutive Desert Owl Makes Big Waves

Endangered Species Law

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.

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.

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.

Biden Administration Prepares Compensatory Mitigation Policy

Endangered Species Law

Fish and Wildlife Service (Service) an Endangered Species Act (ESA)-specific compensatory mitigation policy (Policy). On March 22, 2022, the Office of Information and Regulatory Affairs (OIRA) received from the U.S.

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”).

Coastal Plant Species Proposed as Threatened with Critical Habitat Designation and 4(d) Rule

Endangered Species Law

Fish and Wildlife Service (Service) issued a proposed rule to list the sand dune phacelia ( Phacelia argentea ) as threatened under the Endangered Species Act (ESA), along with a proposed section 4(d) rule that would prohibit several activities with respect to the species.

Fish and Wildlife Service Publishes Hotly Anticipated Northern Long-eared Bat Proposal

Endangered Species Law

Fish and Wildlife Service (Service) has announced its proposal to list the northern long-eared bat ( Myotis septentrionalis ) (NLEB) as endangered under the Endangered Species Act (ESA) (Proposed Rule). The U.S.