Environmental Law

FWS reopens public comment on proposed decrease in critical habitat for Marbled murrelet.

Posted on February 11, 2009
74 Fed. Reg. 6852 / Vol. 74, No. 27 / Wednesday, February 11, 2009 / DEPARTMENT OF THE INTERIOR Fish and Wildlife Service / 50 CFR Part 17 / Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Marbled Murrelet; Proposed rule; ...

FWS notices post-delisting plan for monitoring of Hawaiian Hawk; reopens comment period on proposed delisting

Posted on February 11, 2009
74 Fed. Reg. 6853 / Vol. 74, No. 27 / Wednesday, February 11, 2009 / DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service / 50 CFR Part 17 / Endangered and Threatened Wildlife and Plants; Removing the Hawaiian Hawk From the Federal List of Endangered ...

ESA in the news: exemptions, editorials, entrees and more.

Posted on February 10, 2009
The ESA litigation circus continues.  Judge Redden is hearing yet another case in Oregon regarding the tension between migrating salmon and the Federal Columbia River Power System.  See The Seattle Times.  The Center for Biological ...

ESA recovery efforts: smalltooth sawfish and loggerhead sea turtles

Posted on February 10, 2009
74 Fed. Reg. 3566 / Vol. 74, No. 12 / Wednesday, January 21, 2009 / DEPARTMENT OF COMMERCE / National Oceanic and Atmospheric Administration / Endangered and Threatened Species; Recovery Plan for the Distinct Population Segment of the ...

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ESA listing decisions: salamanders, gophers, bison, black abalone, and 206 other species

Posted on February 10, 2009
74 Fed. Reg 6700 / Vol. 74, No. 26 / Tuesday, February 10, 2009 / DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service / Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Reticulated Flatwoods ...

Draft Mexican wolf conservation assessment announced by FWS

Posted on January 13, 2009
74 Fed. Reg. 914 / Vol. 74, No. 6 / Friday, January 9, 2009 / DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Endangered and Threatened Wildlife and Plants; Mexican Wolf (Canis lupus baileyi) Conservation Assessment; Notice of availability; draft ...

FWS denies listing for 270 species based on insufficient information; organization that filed the petition already skeptical of incoming administration

Posted on January 07, 2009
74 Fed. Reg. 419 / Vol. 74, No. 3 / Tuesday, January 6, 2009 / DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; Endangered and Threatened Wildlife and Plants; Partial 90-Day Finding on a Petition To List 475 Species in the ...

ESA in the news: more litigation

Posted on January 06, 2009
Expressing outrage with abuses by the Bush Administration, a Las Vegas Sun editorial praised California's decision to sue the Federal government over the proposed Endangered Species Act regulations, and the Center for Biological Diversity announced ....

NOAA finds listing of Atlantic wolffish may be warranted

Posted on January 05, 2009
74 Fed. Reg. 249 /  Vol. 74, No. 2 / Monday, January 5, 2009 / Proposed Rules / DEPARTMENT OF COMMERCE / National Oceanic and Atmospheric Administration / 50 CFR Part 223 and 224 / Listing Endangered and Threatened Wildlife and Plants; 90–Day ...

FWS proposes critical habitat revisions and public hearing for Alabama sturgeon; NOAA declines petition to list the ribbon seal

Posted on December 30, 2008
73 Fed. Reg. 79770 / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Proposed Rules / DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service / 50 CFR Part 17 / Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the ...

ESA in the news: California sues Interior over consultation regulations

Posted on December 30, 2008
California Attorney General Brown pushes forward with a lawsuit challenging the Bush administration's proposed amendments to the Endangered Species Act's consultation regulations, and according to the LA Times,Ken Alex, senior assistant attorney ...

FWS proposes to list three foreign species: the Andean flamingo, Chilean woodstar, and St. Lucia forest thrush

Posted on December 24, 2008
73 Fed. Reg. 79226 / Vol. 73, No. 248 / Wednesday, December 24, 2008 / DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service / 50 CFR Part 17 / Endangered and Threatened Wildlife and Plants; Listing Three Foreign Bird Species From Latin America and the ...

Animal Welfare Institute v. Martin: dispute over Canada lynx trapping creates factual twists and procedural controversies

Posted on December 24, 2008
ANIMAL WELFARE INSTITUTE, v. ROLAND D. MARTIN, 2008 U.S. Dist. LEXIS 97766, CV-08-267-B-W (D. Maine, Nov. 26, 2008)(Order on Motion for Preliminary Injunction) EXCERPT & SUMMARY: On October 4, 2007, the Court approved a Consent Decree between the ...

Obama's NOAA appointee, Lubchenko, an environmental science heavyweight

Posted on December 22, 2008
Last week, President-elect Barack Obama nominated Oregon State University professor Jane Lubchenco to head the National Oceanic and Atmospheric Administration.  See Washington Post and New York Times.  According to her home state paper, The ...

FWS may expand listing of Canada lynx to include New Mexico

Posted on December 19, 2008
73 Fed. Reg. 76990 / Vol. 73, No. 244 / Thursday, December 18, 2008 / DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Change the Listing Status of the ...

FWS announces listing decisions on penguin species

Posted on December 19, 2008
73 Fed. Reg. 77264 / Vol. 73, No. 244 / Thursday, December 18, 2008 / Proposed Rules / DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Four ....

FWS proposed revised critical habitat for Quino Checkerspot Butterfly

Posted on December 19, 2008
73 Fed. Reg. 77568  / Vol. 73, No. 245 / Friday, December 19, 2008 / DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the ...

FWS revises recovery plan for Florida panther

Posted on December 19, 2008
73 Fed. Reg. 77052 / Vol. 73, No. 244 / Thursday, December 18, 2008 / DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Notice of Availability of the Florida Panther Recovery Plan SUMMARY: We, the Fish and Wildlife Service, announce the ...

ESA in the news: Secretary Salazar, NRDC's tree-listing efforts, crashing red knots, smuggled monkeys etc.

Posted on December 17, 2008
U.S. Senator Ken Salazar, D-Colo., is rumored to be President-Elect Obama's choice as the new Secretary of the Interior, and thus, a leading figure overseeing the implementation of the Endangered Species Act.  Salon.com considers him a moderate, ...

ESA in the News: Secretary Salazar (officially)

Posted on December 17, 2008
According to his home state newspaper, the Denver Post, Endangered Species Act watchers expect controversies with the newly announced nominee for Secretary of Interior, Senator Ken Salazar (D-Colo):  "One area where Salazar is drawing fire is ...

FWS issues notices of enhancement permit, and status reviews

Posted on December 17, 2008
73 Fed. Reg. 76680 / Vol. 73, No. 243 / Wednesday, December 17, 2008 / DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Receipt of Application for an Enhancement of Survival Permit for the Northern Spotted Owl and the Marbled Murrelet; Notice of ...

FWS proposes critical habitat for DPS of Northern Sea Otter

Posted on December 16, 2008
73 Fed. Reg. 76454 / Vol. 73, No. 242 / Tuesday, December 16, 2008 / Department of the Interior; Fish and Wildlife Service; 50 CFR Part 17; Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Southwest Alaska ...

FWS and NOAA formally announce final rule changing ESA Sec. 7 consulation process

Posted on December 16, 2008
73 Fed. Reg. 76272 / Vol. 73, No. 242 / Tuesday, December 16, 2008DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; DEPARTMENT OF COMMERCE; National Oceanic and Atmospheric Administration; Interagency Cooperation Under the Endangered Species Act; ...

FWS replaces interim rule for polar bears with final rule on incidental take

Posted on December 16, 2008
73 Fed. Reg. 76249 / Vol. 73, No. 242 / Tuesday, December 16, 2008 / DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; Endangered and Threatened Wildlife and Plants; Special Rule for the Polar Bear; Final rule. SUMMARY: We, the ...

Interior's mea culpa continues: Inspector General Report reveals more about Manson/MacDonald era

Posted on December 15, 2008
According to an Investigative Report released by the Department of Interior Inspector General, two leading agency officials seriously harmed the reputation of the U.S. Fish & Wildlife Service, and cost the agency hundreds of thousands of dollars. ...

Secretary Kempthorne announces final (but still controversial) consultation regulations.

Posted on December 11, 2008
The Rolling Stone dubbed them a "final FU" from the outgoing President.  Despite the enormous opposition of 200,000 or 300,000 public comments, and the likely rejection by Congress and the Courts, see prior ESA musing, the Section 7 ...

DOI climate change report on legal and policy issues includes noteworthy discussion of the ESA

Posted on December 11, 2008
In a recently announced Department of Interior document, the Report of the Subcommittee on Law and Policy: An Analysis of Climate Change Impacts and Options Relevant to Legal and Policy Issues at the Department of the Interior, the Federal government ...

FWS updates information for species on candidate list

Posted on December 11, 2008
73 Fed. Reg. 75176 / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Department of the Interior; Fish and Wildlife Service; 50 CFR Part 17; Endangered and Threatened Wildlife and Plants; Review of Native Species That Are Candidates for Listing ...

FWS formally reinstates protections for grey wolf

Posted on December 11, 2008
73 Fed. Reg. 75356 / Vol. 73, No. 239 / Thursday, December 11, 2008 / DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; Endangered and Threatened Wildlife and Plants; Reinstatement of Protections for the Gray Wolf in the ...

NOAA announces public hearings on proposed critical habitat for smalltooth sawfish

Posted on December 11, 2008
73 Fed. Reg. 74681 / Vol. 73, No. 237 / Tuesday, December 9, 2008 / DEPARTMENT OF COMMERCE; National Oceanic and Atmospheric Administration; 50 CFR Part 226; Endangered and Threatened Species; Critical Habitat for the Endangered Distinct ...

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