Environmental Law

FWS declines listing of Bonneville Cutthroat Trout, finding 80 percent of occupied habitat to be in fair to excellent condition

Posted on September 09, 2008
73 Fed. Reg. 52235, 73 FR 52235, Vol. 73, No. 175 (Tuesday, September 9, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; WS-R6-ES-2008-0023; 1111 FY07 MO-B2 Endangered and Threatened Wildlife and Plants; 12-Month Finding on ...

FWS notices two more scrub jay HCPs in Florida

Posted on June 11, 2008
73 Fed. Reg. 33105 (Wednesday, June 11, 2008) DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Construction of Two Single-Family Homes in Volusia County, FL; Notice: receipt of application for an incidental take permit; request ...

Environmental impact analysis underway for South Sacramento Habitat Conservation Plan

Posted on June 10, 2008
73 Fed. Reg. 32729(Tuesday, June 10, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Habitat Conservation Plan for South Sacramento, Sacramento County, CA; Notice of intent to prepare an Environmental Impact Statement/ Environmental ...

Extinct (perhaps since 1952?): the Caribbean monk seal

Posted on June 09, 2008
73 Fed. Reg. 32521 (Monday, June 9, 2008)(DEPARTMENT OF COMMERCE; National Oceanic and Atmospheric Administration; Endangered and Threatened Species; Proposed Rule to Remove the Caribbean Monk Seal from the Federal List of Endangered and Threatened ....

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Court rules FWS improperly withdrew proposed listing of slickspot peppergrass because it failed to re-consult expert panel

Posted on June 09, 2008
Western Watersheds v. Kempthorne, Case No. CV 07-161-E-MHW, Memorandum Decision and Order (D.Idaho, June 4, 2008) NATURE OF THE CLAIMS: Western Watersheds argues that the Federal Defendants have violated the ESA and/or the Administrative Procedures ...

Sorry, ya'll, been on vacation...

Posted on June 08, 2008
Will post recent judicial decisions, and Federal Register announcements, tomorrow ...

Public comment, and controversy, continues for Tejon Ranch Habitat Conservation Plan

Posted on June 05, 2008
73 Fed. Reg. 31876 (Wednesday, June 4, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Tehachapi Uplands Multi-Species Habitat Conservation Plan; Notice of intent). Tejon Ranch is a 270,000 acre parcel of contiguous private land at the ...

Humane Society v. Kempthorne (D.C.Cir.): another judicial decision applying mootness and vacatur in ESA context.

Posted on June 03, 2008
Humane Society v. Kempthorne and Safari Club, Nos. 06-5396 & 06-5397 (D.C. Cir., June 3, 2008).  In this case, environmentalists sought to preserve a district court victory on the regulation of the gray wolf even though the wolf was ...

FWS continues comment process on Salt Creek Tiger Beetle

Posted on June 03, 2008
73 Fed. Reg. 31665 (Tuesday, June 3, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Salt Creek Tiger Beetle (Cicindela nevadica lincolniana); ...

New biological opinion on ACF watershed disappoints Florida leaders

Posted on June 02, 2008
Earlier today, the U.S. Fish and Wildlife Service announced its new biological opinion evaluating the effects of Apalachicola-Chattahoochee-Flint watershed management on endangered species, pursuant to the Endangered Species Act.   The biop ...

Previously "delisted" Cactus ferruginous pygmy owl getting another look based on CBD petition to "relist" the species

Posted on June 02, 2008
73 Fed. Reg. 31418 (Monday, June 02, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Cactus Ferruginous Pygmy-Owl (Glaucidium ridgwayi cactorum) as ....

Polk County, Florida, proposes Habitat Conservation Plan and mitigation for impacts of wastewater treatment on skinks

Posted on June 02, 2008
73 Fed. Reg. 31140 (Friday, May 30, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Endangered and Threatened Wildlife and Plants; Notice of receipt of an application for an incidental take permit for the expansion of the Sun Ray Wastewater ...

Draft recovery plan for Loggerhead sea turtle reflects agency efforts, but not good news for turtle watchers

Posted on June 02, 2008
73 Fed. Reg. 31066 (May 30, 2008)(DEPARTMENT OF COMMERCE; National Oceanic and Atmospheric Administration; DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Endangered and Threatened Species; Recovery Plans; Recovery Plan for the Northwest Atlantic ...

Why you should love Gators too...

Posted on June 01, 2008
ESA Blawg readers already know how I feel about Florida Gators.  Your health now demands that you love them too.   Once a threatened species in the 1950s and 60s due to overharvesting, and eventually regulated under the Endangered Species ...

Still Catching Up on SCOTUS decisions: Home Builders v. Defenders

Posted on June 01, 2008
National Association of Home Builders v. Defenders of Wildlife, 127 S. Ct. 2518 (2007).   In this post related to a recent Supreme Court decision, ESA Blawg contributor Liz Batres explains how the Court analyzed the interplay of the ESA ...

Polar bear just the beginning of Arctic species litigation (and a postscript on ESA Section 10 permits)

Posted on May 29, 2008
In two recent press releases, the Center for Biological Diversity has announced its future litigation plans, and in the process, has signaled its future plans.  First, CBD declared its intention to seek Endangered Species Act protections for the ...

FWS seeking information on potential listing of Northern Mexican Gartersnake

Posted on May 28, 2008
73 Fed. Reg. 30596 (May 28, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Endangered and Threatened Wildlife and Plants; Initiation of Status Review for the Northern Mexican Gartersnake (Thamnophis eques megalops) and solicitation of new ...

FWS announces HCP (Scrub jays) and CCPs (Lower Keys) in Florida

Posted on May 28, 2008
73 Fed. Reg. 30139 (May 28, 2008) (DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Lower Florida Keys Refuges, Monroe County, FL; Notice of availability; draft comprehensive conservation plan and environmental assessment; request for comments.) ...

FWS proposes critical habitat for the Alabama sturgeon

Posted on May 27, 2008
73 Federal Register 30361 (Tuesday, May 27, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Alabama Sturgeon (Scaphirhynchus suttkusi); ...

In the eye of the polar bear storm

Posted on May 26, 2008
It has been a relatively quiet week for Endangered Species Act watchers.  Most of this week's Federal Register notices were nothing more than announcements related to a few researchers receiving scientific enhancement permits.  Maybe, in ...

Court refuses to stop Ice Storm Recovery project in Daniel Boone National Forest, finds no immediate threat to Indiana bats.

Posted on May 21, 2008
Heartwood v. Peterson, Case 5:07-cv-00114-KSF, Document 40 (E.D. Ky. May 21, 2008). In a motion for preliminary injunction, Heartwood, a public interest group, sought to stop activities by the U.S. Forest Service in the Daniel Boone National Forest, ...

Five-year status review for Florida's smalltooth sawfish

Posted on May 21, 2008
73 Federal Register 29482 (Wednesday, May 21, 2008) (DEPARTMENT OF COMMERCE; National Oceanic and Atmospheric Administration; Endangered and Threatened Species; Initiation of a 5-Year Review of the Endangered U.S. Distinct Population Segment (DPS) of ...

Another look by FWS at Northern spotted owl critical habitat and economic analysis

Posted on May 21, 2008
73 Federal Register 29471 (Wednesday, May 21, 2008)(Endangered and Threatened Wildlife and Plants; Proposed Revised Designation of Critical Habitat for the Northern Spotted Owl (Strix occidentalis caurina);  Proposed rule; reopening of comment ....

The lighter side of the ESA

Posted on May 20, 2008
Introducing another feature on ESA blawg... humor.  Let's face it.  The ESA is a pretty dark topic.  Species on the brink of extinction, and periodic bad news.  So, whenever the darkness gets to you, consider embracing the ultimate ...

More crtitical habitat for piping plovers; this time in Texas

Posted on May 20, 2008
73 Federal Register 29294 (May 20, 2008) (Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Wintering Population of the Piping Plover (Charadrius melodus) in Texas; Proposed Rule). SUMMARY: We, the U.S. ....

Bald eagles: FWS issues final rule for take, and initiates status review for Sonoran desert bald eagles

Posted on May 20, 2008
73 Federal Register 29075 (May 20, 2008) (DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Authorizations Under the Bald and Golden Eagle Protection Act for Take of Eagles; Final rule). SUMMARY: These final regulations provide two mechanisms to ...

Bennett v. Spear: revisiting the jurisprudence of constitutional standing

Posted on May 18, 2008
Below is the latest contribution of Liz Batres, proving once again that I am not the only lawyer captivated by the Endangered Species Act.  This time, her SCOTUS summary is on Bennett v. Spear, 520 U.S. 154 ...

FWS still seeking comments on critical habitat for piping plovers in North Carolina

Posted on May 18, 2008
73 Federal Register 28084 (Thursday, May 15, 2008) (DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Wintering Population of the Piping Plover in North ...

Arizona Game and Fish seeks delisting of the Hualapai Mexican mole; FWS agrees to further review

Posted on May 18, 2008
73 Federal Register 28094 (Thursday, May 15, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Endangered and Threatened Wildlife and Plants; 90-Day Finding on Petition To Delist the Hualapai Mexican Vole (Microtus mexicanus hualpaiensis); ...

Ashy storm petrel listing under further review

Posted on May 18, 2008
73 Federal Register 28080 (Thursday, May 15, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Ashy Storm-Petrel (Oceanodroma homochroa) as Threatened or ...

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