Long ago, the framers of the Constitution decided to separate the federal government’s powers into three branches, with each branch acting as a check on the other. Broadly speaking, the legislative branch writes the law, the judicial branch decides what the law means, and the executive branch decides how to enforce the law. Sometimes, however, the powers … Continue Reading
On November 8, 2017, the House of Representatives Committee on Natural Resources approved an amendment to oil and gas-related legislation, the SECURE Act (H.R. 4239), that is intended to obviate liability for the incidental or accidental take of migratory birds under the Migratory Bird Treaty Act, 16 U.S.C. § 703 et seq. (“Act”). The amendment, submitted … Continue Reading
In July we reported on five bills that propose to amend various aspects of the Endangered Species Act: H.R. 2603 – would remove listings of non-native species; H.R. 717 – would modify the process for listing determinations; H.R. 3131 – would require a party to prevail in order to recover attorneys’ fees and place a cap on … Continue Reading
On March 29, 2017, the U.S. Court of Appeals for the Tenth Circuit held (PDF) that Congress has authority under the Commerce Clause to regulate the take of the Utah prairie dog (Cynomys parvidens). Because Congress has this authority, it could authorize the U.S. Fish and Wildlife Service (Service) to do the same. The Utah … Continue Reading
On March 1, 2017, the Senate confirmed Rep. Ryan Zinke (R-Mont.) as Secretary of the Interior in a 68-31 bipartisan vote. He was sworn into the Cabinet later that day by Vice President Mike Pence. Zinke was able to attract 16 Democratic votes, with Sen. Ron Wyden (D-Or.) stating that he believes Zinke “will focus … Continue Reading
On January 20, 2017, Reince Priebus, the White House Chief of Staff and Assistant to the President, issued a memorandum to the heads of all executive departments and agencies ordering them to freeze the processing of all regulations. The stated intent of this action is to ensure that “the President’s appointees or designees have the … Continue Reading
In a year that has already seen its fair share of attempts to reform the Endangered Species Act (“ESA”), another proposal has made its way into the House of Representatives. Representatives Don Young (R-Alaska) and Debbie Dingell (D-Michigan) introduced the “Recovering America’s Wildlife Act” (H.R. 5650) on July 7, 2016. The bill is based on … Continue Reading
As recently reported by the Center for Biological Diversity, a rider has been proposed for an appropriations bill that would provide $1.5 billion to the U.S. Fish and Wildlife Service in 2017. The controversial rider would remove current Endangered Species Act protections for gray wolf populations in Michigan, Wisconsin, Minnesota, and Wyoming. The appropriations bill, which is currently … Continue Reading
On May, 17, 2016, the U.S. Senate Committee on Energy and Natural Resources’ Subcommittee on Water and Energy held hearings on a number of pending bills, including S. 2533, sponsored by Senator Diane Feinstein (D-CA). The bill, titled “California Long-Term Provisions for Water Supply and Short-Term Provisions for Emergency Drought Relief Act,” is aimed at … Continue Reading
