On August 15, 2016, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court decision granting summary judgment to the Bureau of Land Management (“BLM”) and U.S. Fish and Wildlife Service (“USFWS”) on the issue of whether an incidental take statement is required for plant species. In Center for Biological Diversity v. … Continue Reading
On October 16, 2015, the California Department of Fish and Wildlife (CDFW) and the Bureau of Land Management (BLM) announced the signing of a conservation agreement intended to provide greater protections and more flexibility in the management of impacts to sensitive species and their habitats. The conservation agreement, called the “Durability Agreement,” will allow CDFW … Continue Reading
On May 29, 2015, the U.S. Bureau of Land Management (BLM), in cooperation with the U.S. Forest Service, released Final Environmental Impact Statements for proposed amendments to existing Resource Management Plans (RMPs) for lands in ten western states. The RMP amendments would establish conservation measures for the greater sage grouse (Centrocercus urophasianus) for approximately 50 … Continue Reading
On April 25, 2013, the United States Court of Appeals for the Ninth Circuit invalidated a consent decree that plaintiffs and three federal agency defendants asserted resolved a dispute spanning more than a decade. See Conservation Nw. v. Sherman, No. 11-35729 (9th Cir. 2013) (pdf). In doing so, the Ninth Circuit held that the district court abused its discretion when … Continue Reading