News & Analysis as of

Critical Habitat Endangered Species Act (ESA)

Mitchell, Williams, Selig, Gates & Woodyard,...

Definition of Harm/Endangered Species Act: EarthJustice Comments Addressing U.S. Fish and Wildlife Service Proposed Rule

The environmental organization Earthjustice submitted May 19th comments to the United States Fish and Wildlife Service and National Marine Fishery Service (collectively, “Services”) addressing their proposed rescission of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Habitat Conservation Plans Under the Endangered Species Act: Defenders of Wildlife Publishes a Three-Decade Analysis

The Defenders of Wildlife’s Center for Conservation Innovation announced the publication of a paper titled: Habitat conservation plans under the endangered species act: A comprehensive three-decade analysis (“Paper”)....more

Holland & Knight LLP

"Harm" Redefined: "Habitat Modification" Could Be Cut from Endangered Species Act Regulations

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The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) propose rescinding the regulatory definition of "harm" under the Endangered Species Act (ESA) that currently includes habitat modification,...more

Allen Matkins

California Environmental Law & Policy Update 4.18.25

Allen Matkins on

The Trump administration is moving to effectively eliminate a crucial protection in the half-century-old federal Endangered Species Act by redefining a single word: harm. A proposed rule, issued this Wednesday from the U.S....more

Brownstein Hyatt Farber Schreck

U.S. Fish and Wildlife Service Proposes to List Monarch Butterflies as a Threatened Species

After years on hold, the U.S. Fish and Wildlife Service (“USFWS”) is moving forward with a proposed rule to list monarch butterflies as threatened under the Endangered Species Act (“ESA”). On Dec. 12, 2024, USFWS published...more

Venable LLP

How the Congressional Review Act May Shape Environmental Rulemaking and Guidance

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Now that the 119th Congress has been sworn in, attention turns to how the Republican-controlled House, Senate, and White House will use the Congressional Review Act (CRA). The CRA creates a review period in which Congress can...more

ArentFox Schiff

Iconic Monarch Butterfly Designated for Possible Endangered Species Act Protection: Potential Impacts on Agriculture

ArentFox Schiff on

On December 12, the US Fish and Wildlife Service (FWS) issued a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act of 1973 (ESA). Endangered and Threatened Wildlife and...more

Vorys, Sater, Seymour and Pease LLP

USFWS lists Monarch Butterfly as Threatened under Endangered Species Act

On December 12, 2024, the U.S. Fish and Wildlife Service (USFWS) proposed listing the monarch butterfly as threatened under the Endangered Species Act (ESA). This proposal includes a 4(d) rule offering species-specific...more

Faegre Drinker Biddle & Reath LLP

Butterfly Nets and Business Bets: How Proposed Protections for Monarchs Could Snare Agribusiness, Renewables and Development

On December 12, 2024, the U.S. Fish and Wildlife Service (USFWS) published its proposal in the Federal Register to list the Monarch Butterfly (Danaus plexippus) as a threatened species under the Endangered Species Act (ESA)....more

Stoel Rives - Environmental Law Blog

U.S Fish and Wildlife Service Proposes to List the Monarch Butterfly as Threatened, Seeks Comments on Developing a Final Rule

On December 12, 2024, the U.S. Fish and Wildlife Service (the “Service”) published notice in the Federal Register of a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act...more

Beveridge & Diamond PC

The Butterfly Effect: FWS Proposes Nationwide Threatened Species Listing for Monarch Butterfly

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On December 12, 2024, the U.S. Fish and Wildlife Service (FWS) proposed listing the monarch butterfly as a threatened species with a special section 4(d) rule under the Endangered Species Act (ESA). The special 4(d) rule...more

Allen Matkins

Endangered Species Protections Proposed for Monarch Butterfly

Allen Matkins on

On December 10, 2024, the U.S. Fish and Wildlife Service (USFWS) proposed to list the monarch butterfly (Danaus plexippus) as threatened under the federal Endangered Species Act (ESA). A proposed critical habitat designation...more

Nossaman LLP

Protections Proposed for Monarch Butterfly

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On December 10, 2024, the U.S. Fish and Wildlife Service (Service) released its long-anticipated listing proposal for the monarch butterfly (Danaus plexippus), along with a proposed critical habitat designation and...more

Nossaman LLP

U.S. Fish and Wildlife Service to Review Status of 38 Southwest Species

Nossaman LLP on

Today, the U.S. Fish and Wildlife Service (Service) announced it had opened status reviews for 38 species of plants, wildlife, and fish endemic to Texas, New Mexico, and Arizona (Southwest Species). Section 4(c) of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Central Texas Mussels/Endangered Species Act: Texas Attorney General Challenges U.S. Fish and Wildlife Service Listings

The Texas Attorney General (“AG”) on behalf of the State of Texas filed a Complaint and Petition for Review (“Complaint”) in the United States District Court for the Northern District of Texas against the United States Fish...more

Nossaman LLP

U.S. Fish and Wildlife Service Issues Final Northern Long-eared Bat and Tricolored Bat Guidance

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On Wednesday, October 23, the U.S. Fish and Wildlife Service (Service) released final guidance and tools (Final Guidance) to assist project proponents with Endangered Species Act (ESA) compliance with respect to the northern...more

Allen Matkins

Commission Grants Burrowing Owls “Candidate” Species Protections Under the California Endangered Species Act

Allen Matkins on

At its October 10 meeting, the California Fish and Game Commission (the Commission) unanimously found that a petition to list the western burrowing owl (Athene cunicularia hypugaea) as an endangered or threatened species in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Striped Newt/Citizen Suit Enforcement: Center for Biological Diversity Issued Notice of Intent to Sue U.S. Fish and Wildlife...

The Center for Biological Diversity (“CBD”) transmitted a 60-day Notice of Intent To Sue (“NOI”) the U.S. Fish and Wildlife Service (“Service”) for alleged violations of the Endangered Species Act (“ESA”).The alleged...more

Nossaman LLP

U.S. Fish and Wildlife Service Proposes Listing, Designating Critical Habitat for Kentucky Creekshell

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On September 17, 2024, the U.S. Fish and Wildlife Service (Service) proposed listing the Kentucky creekshell (Villosa ortmanni) as an endangered species under the Endangered Species Act (ESA) and designating critical habitat...more

Allen Matkins

California Court of Appeal Clarifies What Constitutes a “Rare” Species Under CEQA

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On June 27, 2024, the California First District Court of Appeal affirmed the denial of a writ petition challenging the City of Lafayette’s (City) determination that a 12-unit residential condominium building qualified for the...more

Nossaman LLP

EPA Releases Draft Insecticide Strategy to Reduce Impacts to ESA-listed Species

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On July 24, 2024, the Environmental Protection Agency (EPA) published its Draft Insecticide Strategy to Reduce Exposure of Federally Listed Endangered and Threatened Species and Designated Critical Habitats from the Use of...more

Pillsbury Winthrop Shaw Pittman LLP

The Dunes Sagebrush Lizard Saga Continues: FWS Lists the Species as Endangered, Draws Congressional Response

On May 20, 2024, the U.S. Fish and Wildlife Service published a final rule listing the dunes sagebrush lizard as endangered under the Endangered Species Act. The listing does not include a designation of critical habitat....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Barrens Topminnow/Tennessee Fish: U.S. Fish and Wildlife Service Proposes Critical Habitat

The United States Fish and Wildlife Service (“Service”) has issued a proposed rule that would designate critical habitat for the Barrens topminnow (“Bt”) under the Endangered Species Act (“ESA”)....more

Allen Matkins

Commission Grants Extension for Review of Potential Burrowing Owl Protections

Allen Matkins on

As detailed in our previous Legal Alert, six conservation groups filed a petition with the California Fish and Game Commission (Commission) on March 5, 2024 to request the implementation of legal protections for five...more

Vinson & Elkins LLP

Dunes Sagebrush Lizard Listed as Endangered: What it Means for Permian Producers and Frac Sand Availability

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On May 20, 2024, the U.S. Fish and Wildlife Service (FWS) issued a final rule listing the dunes sagebrush lizard (“DSL”) as endangered under the Endangered Species Act (“ESA”).1 The change in the DSL listing status, which...more

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