Environmental Law

FWS seeks comments on delta smelt (reclassification to endangered) and piping plovers (critical habitat in Texas)

Posted on December 11, 2008
73 Fed. Reg. 74674 / Vol. 73, No. 237 / Tuesday, December 9, 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 Reclassify the Delta ...

FWS proposes endangered status for Black-Breasted Puffleg and one of Darwin?s finches

Posted on December 11, 2008
73 Fed. Reg. 74427 / Vol. 73, No. 236 / Monday, December 8, 2008 / DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; Endangered and Threatened Wildlife and Plants; Proposed Rule To List Black-Breasted Puffleg as ...

FWS may list the Sacramento Mountains checkspot butterfly... but will it bring tourists to Cloudcroft?

Posted on December 05, 2008
73 Fed. Reg. 74123 / Vol. 73, No. 235 / Friday, December 5, 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 List the Sacramento ...

OMB approves NOAA's speed restrictions to protect right whales

Posted on December 05, 2008
73 Fed. Reg. 74003 / Vol. 73, No. 235 / Friday, December 5, 2008 / DEPARTMENT OF COMMERCE; National Oceanic and Atmospheric Administration; 15 CFR Part 902; Endangered Fish and Wildlife; Final Rule To Implement Speed Restrictions To Reduce the Threat of ...

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FWS designates critical habitat for 12 Hawaiian picture wing flies

Posted on December 04, 2008
73 Fed. Reg. 73794 / Vol. 73, No. 234 / Thursday, December 4, 2008 (DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for 12 Species of Picture-Wing ....

Coral lawsuits today, but cougar lawsuits tomorrow?

Posted on December 02, 2008
Last week, the NOAA Fisheries announced the designation of critical habitat for the threatened elkhorn and staghorn corals.  See prior ESA blawg (Dec. 1, 2008).  The Center for Biological Diversity, however, has already announced its intention ...

FWS says listing of black tailed prairie dogs may be warranted due to plague, poisoning, and more

Posted on December 02, 2008
73 Fed. Reg. 73211 / Vol. 73, No. 232 / Tuesday, December 2, 2008 / DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; WS-R6-ES-2008-0111; MO 9921050083-B2 Endangered and Threatened Wildlife and Plants; 90-Day Finding on a ...

NOAA designates coral critical habitat, excludes naval training area

Posted on December 01, 2008
73 Fed. Reg. 72210 / Vol. 73, No. 229 / Wednesday, November 26, 2008 / Department of Commerce National Oceanic and Atmospheric Administration; 50 CFR Parts 223 and 226; Endangered and Threatened Species; Critical Habitat for Threatened Elkhorn and ...

FWS finds listing of Northern Mexican Gartersnake warranted but precluded, adds it to candidate list instead

Posted on November 25, 2008
73 Fed. Reg. 71788 / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Department of the Interior; Fish and Wildlife Service; 50 CFR 17; Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Northern Mexican Gartersnake ...

More ruminations on the consultation regulations

Posted on November 24, 2008
Updating yesterday's ESA blawg posting, I note that there is likely to be a dispute over how the Congressional Review Act applies to the ESA Section 7 consultation regulations, if they are adopted.  Major rules, meaning $100 million in annual ...

Ruminations on the consultation regulations

Posted on November 22, 2008
FROM A READER: "What is going on with the proposed section 7 regs?  They were not in yesterday's Federal Register.  We have heard different stories - they are not going to be issued or they will be in out in late December.  One of our ...

NOAA announces critical habitat for smalltooth sawfish in Florida

Posted on November 21, 2008
73 Fed. Reg. 70290 / Vol. 73, No. 225 / Thursday, November 20, 2008 (DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration; 50 CFR Part 226 [Docket No. 070717355–8030–01] RIN 0648–AV74 Endangered and Threatened Species; Critical Habitat ...

New regs (maybe) and big news on the Endangered Species Act, from coast to coast

Posted on November 20, 2008
It has been a big week for Endangered Species Act news.   On the national front, the Bush administration continues to race the clock, and Scientific American expect new "midnight regulations" to be adopted changing the ESA consultation ...

The law of unintended consequences: what the ESA needs, it takes, but what about other priorities?

Posted on November 16, 2008
While an essential goal of the Endangered Species Act is to increase attention to the endangered and threatened species, compliance with the law also leads to unintended consequences.  The problem stems from a simple fact: increased ESA demands do ...

U.S. Supreme Court supports Navy, reverses Nines, in appeal of preliminary injunction affecting sonar operations

Posted on November 12, 2008
Winter v. NRDC" target=_newWinter v. NRDC, No. 07–1239 (S.Ct., November 12, 2008) Secretary of the Navy Winter, right, and Admiral Gary Roughead depart the Supreme Court of the United States after Oral Arguments on October 8, 2008. U.S. Navy ...

Louisiana black bear critical habitat rule proposed and comment period reopened

Posted on November 12, 2008
73 Fed Reg. 66831 (Wednesday, November 12, 2008) / DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service / 50 CFR Part 17 / RIN 1018–AV52 WS–R4–ES–2008–0047 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the ...

Will Obama transform ESA implementation? (A gaggle of ESA news from the google gadget...)

Posted on November 10, 2008
"Now what?" asks Plenty.  With our nation soon to undergo a huge leadership transition thanks to the election of Barack Obama, could it be that the implementation of the Endangered Species Act could radically change too?  California ...

District Court clarifies reasons for rejecting FWS decision to withdraw proposed slickspot peppergrass listing

Posted on November 09, 2008
Western Watersheds Project v. Kempthorne, Case No. CV 07-161-E-MHW, 2008 U.S. Dist. LEXIS 84017 (D. Idaho, October 17, 2008)(Honorable Mikel H. Williams, United States Magistrate Judge) BACKGROUND: The original decision in question here was discussed ...

Court denies effort to transfer fairy shrimp critical habitat litigation to California

Posted on November 09, 2008
Otay Mesa Property v. U.S. Dept. of the Interior, --- F.Supp.2d ----, Civil Action No. 08-383(RMC), 2008 WL 4767998 (D.D.C., Nov. 3, 2008.) Rosemary M. Collyer, District Judge.   EXCERPT: This case involves a challenge to a final critical ...

Attempt to challenge delayed five-year status review for suckers dismissed by U.S. District Court in Oregon

Posted on November 08, 2008
Moden v. U.S. Fish & Wildlife Service, Civil No. 08-CV-214-CL, 2008 WL 4763025 (D.Or. Oct. 27, 2008)(Recommendations by Magistrate Judge Clarke adopted by Judge Panner)  Plaintiffs filed a complaint under the Endangered Species Act ...

ESA permit applications in Florida

Posted on November 02, 2008
73 Fed. Reg. 64627 (Thursday, October 30, 2008) / DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service / WS–R4–ES–2008–N0291; 40120–1112–0000–F5/ Receipt of Applications for Endangered Species Permits Photo of a Florida Panther at the Lowery Park ...

FWS notices: no listing for Sacramento Valley tiger beetle; status review for dusky tree vole; revisiting grey wolf DPS

Posted on November 02, 2008
73 Fed. Reg. 63421 (Friday, October 24, 2008) / DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service / 50 CFR Part 17 WS–R8–ES–2008–0112; MO 9221050083–B2/ Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the ...

NOAA Notices: the extinct caribbean monk seal,

Posted on November 02, 2008
73 Fed. Reg. 63901 (Oct. 28, 2008) / DEPARTMENT OF COMMERCE / National Oceanic and Atmospheric Administration / 50 CFR Part 224 / ocket No. 080320453–8705–01RIN 0648–XG60 / Endangered and Threatened Species; Final Rule to Remove the Caribbean Monk Seal ...

With some procedural issues resolved, litigation over Glen Canyon Dam and the humpback chub moves to next phase

Posted on November 02, 2008
Grand Canyon Trust, Plaintiff, vs. U.S. Bureau of Reclamation, Case No. CV-07-8164 PCT-DGC (D. Arizona, Sept. 26, 2008), 2008 U.S. Dist. LEXIS 83853 Plaintiff Grand Canyon Trust filed suit (see press release) against the United States Bureau of ...

California Attorney General pushes DOJ's Solicitor General to seek en banc review of Federal Circuit's Casitas decision

Posted on October 23, 2008
A few weeks ago, this blawg posted the results of Casitas Municipal Water District v. United States, Case No. 2007-5153 (Fed. Cir. Sept. 25, 2008).  See ESA blawg (Sept. 29, 2008).  In commentary, I warned that the ruling had ...

9th Circuit finds conservation groups have standing to challenge treaty

Posted on October 22, 2008
Salmon Spawning & Recovery Alliance v. Gutierrez, No. 06-35979, --- F.3d ----, 2008 WL 4490533 (9th Cir., October 8, 2008) SUMMARY: "Wild salmon and steelhead, which are listed as threatened or endangered under the Endangered Species Act, ....

Recent FWS notices: Critical habitat revisions for Canada lynx and wintering Piping Plovers; 48 more listings in Kauai

Posted on October 21, 2008
73 Fed. Reg. 62450 (Tuesday, October 21, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; WS–R6–ES–2008–0026; 92210–1117–0000–B4 RIN 1018–AV78; Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the ...

Recent NOAA notices: beluga whales listed; Gulf of Maine salmon DPS hearing; white abalone recovery plan available

Posted on October 21, 2008
NOAA filing (Friday, October 17, 2008)(not yet published in the Federal Registerr)(DEPARTMENT OF COMMERCE; National Oceanic and Atmospheric Administration; 50 CFR Part 224 ocket No. 08101413578137101RIN 0648XL30; Endangered And Threatened Species; ...

FWS issues permits for import of hunting trophies to enhance the survival of the species

Posted on October 15, 2008
73 Fed. Reg. 61160 / Vol. 73, No. 200 / Wednesday, October 15, 2008 / DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; WS–R9–IA–2008–N0275; 96300–1671–0000–P5 Receipt of Applications for Permit SUMMARY: The public is invited to comment on the ...

FWS begins status review on potential listing of the least chub

Posted on October 15, 2008
73 Fed. Reg. 61007-61015 / 73 FR 61007 (Wednesday, October 15, 2008) (DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service 50 CFR Part 17 [FWS–R6–ES–2008–0088; MO 9921050083–B2] Endangered and Threatened Wildlife and Plants; 90-Day Finding on a ...

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