In a recent opinion, the United States Court of Appeals for the Ninth Circuit reversed in part the United States District Court for the Eastern District of California’s grant of summary judgment to the National Marine Fisheries Service (“NMFS”) in Friends of the River v. NMFS, No. 18-15623 (9th Cir. Oct. 3, 2019). Plaintiff Friends … Continue Reading
On August 27, 2019, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) announced the finalization of regulations governing implementation of various aspects of the Endangered Species Act (ESA). Among those regulations were rules setting forth how the Services and other federal agencies were to consult on potential impacts of federal activities … Continue Reading
More than a year after the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) published proposals to revise several Endangered Species Act (ESA) implementing regulations, the agencies have announced that the final versions of the rules are ready for publication in the Federal Register. On July 25, 2018, USFWS … Continue Reading
Nossaman’s Environmental Practice attorneys will be off to a great start in 2019 presenting at many key events around the U.S. focused on endangered species and environmental issues. First, on January 10th, Austin-based Environment & Land Use Partner Brooke Wahlberg will speak at the Texas Public Policy Foundation’s 2019 Policy Orientation in Austin. Brooke’s presentation … Continue Reading
On October 22, 2018, the U.S. Court of International Trade denied the request of various federal agencies to stay an injunction banning the import of Mexican seafood caught with gill nets in the Gulf of California. The injunction, granted in July, is intended to protect the endangered vaquita porpoise (Phocoena sinus), which can get tangled … Continue Reading
As we reported here, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (together, the “Services”) recently proposed revisions to the regulations that implement portions of the Endangered Species Act (“ESA”). The submission deadline for comments was September 24, 2018. If enacted, the Services assert that the proposed revisions would, among other … 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
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
