As we previously reported, more than 150 organizations have requested that the Department of the Interior (DOI) extend the public comment period associated with DOI’s proposed changes to how it will process requests for information under the Freedom of Information Act (FOIA) (Proposed Regulations) by no less than 120 days due, in part, to the … Continue Reading
The longest partial government shutdown in United States history is taking its toll on Endangered Species Act (ESA) policy initiatives championed by the Trump Administration, and is making ESA compliance and project completion significantly more difficult for a wide spectrum of industries. In July 2018, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries … Continue Reading
The effects of the partial Federal government shutdown are being felt at the U.S. Fish and Wildlife Service (“Service”). The shutdown has virtually halted the Service’s processing of pending rulemakings under the Endangered Species Act (“ESA”). As an example, while the comment period on the Service’s proposed designation of 370 miles of critical habitat for … Continue Reading
On August 10, 2018, the representative from Indiana’s 4th Congressional District introduced a bill entitled: “To amend the Endangered Species Act of 1973 to remove freshwater mussels from the list of endangered and threatened species.” While the text of the bill isn’t yet available, based on the title of the bill one can reasonably surmise that … Continue Reading
In recent weeks, the Trump Administration and Congress have proposed changes to the Endangered Species Act (“ESA”) and its implementing regulations. Lawmakers from the Congressional Western Caucus introduced nine bills that would, according to the 15 legislators that introduced the bills, amend and modernize the ESA. The lawmakers assert that the bills would also incentivize … Continue Reading
The most comprehensive Endangered Species Act (“ESA”) bill of this Congressional session made its debut on July 2, 2018 when Senator John Barrasso (R-Wyo.), Chairman of the Senate Environment and Public Works (“EPW”) Committee, released a discussion draft of a bill proposing sweeping revisions to the ESA. The discussion draft is a culmination of activity … Continue Reading
The U.S. House of Representatives recently passed the “Endangered Salmon and Fisheries Predation Prevention Act” (Act) (H.R. 2083), co-sponsored by Rep. Jaime Herrera Beutler (R-WA) and Rep. Kurt Schrader (D-OR), allowing for the lethal removal of California and Steller sea lions (Zalophus californianus and Eumetopias jubatus) to protect endangered salmon (populations of Oncorhynchus nerka, Oncorhynchus … Continue Reading
On May 16, 2018, the House Committee on Natural Resources passed six bills, including the Federally Integrated Species Health Act (H.R. 3916). H.R. 3916 is sponsored by Representative Ken Calvert, a Republican representing the 42nd Congressional District in California. The bill proposes to amend the federal Endangered Species Act to vest the Secretary of Interior with Endangered … Continue Reading
On April 11, 2018, Arizona Governor Doug Ducey signed into law H.B. 2238, which amended the state’s administrative procedure laws to provide that courts are not required to defer to an agency’s legal interpretation in lawsuits over administrative decisions. The amendment effectively eliminated “Chevron deference,” which requires courts to defer to an agency’s reasonable interpretation … Continue Reading
