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
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
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
On February 10, 2016, lawmakers on the House Natural Resources Subcommittee on Water, Power, and Oceans are scheduled to discuss several wildlife laws, including the Endangered Species Act (ESA), Marine Mammal Protection Act (MMPA), and Migratory Bird Treaty Act (MBTA). The Oversight Hearing is entitled “The Costly Impacts of Predation and Conflicting Federal Statutes on … Continue Reading
On January 20, 2015, the Senate Committee on Environment and Public Works approved S. 659, the Bipartisan Sportsmen’s Act of 2015, which complements the bill reported by the Senate Energy and Natural Resources Committee late last year. However, the Environment and Public Works Committee’s approval adds a number of controversial amendments to the Act’s overarching … Continue Reading
Senator Dianne Feinstein (D-CA) introduced a bill last week to help address ongoing and future drought in California. The bill, known as the California Emergency Drought Relief Act (Act), is expected to be folded into broader legislation addressing the historic drought in the Western United States. The bill’s goals are to move existing water supplies … Continue Reading
On January 28, 2015, Congressman Bill Flores (R-TX) introduced House Bill H.R. 585 (pdf), which seeks to amend the Endangered Species Act of 1973 (ESA) to establish a new procedure for approval of certain stipulated consent decrees between the federal government and third parties. Specifically, in cases brought under the ESA’s citizen suit provision (16 U.S.C. § … Continue Reading
As we reported in October, after significant pressure from Congress, the U.S. Fish and Wildlife Service (Service) announced its intent to re-open the public comment period on its proposal to designate 546,335 acres of critical habitat for the western population of yellow-billed cuckoo (Coccyzus americanus) in Arizona, California, Colorado, Idaho, Nevada, New Mexico, Texas, Utah, … Continue Reading
Yesterday, the U.S. Fish and Wildlife Service (Service) announced that it will re-open the public comment period on its proposal to designate 546,335 acres of critical habitat for the western population of yellow-billed cuckoo (Coccyzus americanus) in Arizona, California, Colorado, Idaho, Nevada, New Mexico, Texas, Utah and Wyoming. The announcement came after 17 members of Congress requested that … Continue Reading
