Environmental Law

Federal Court's preliminary injunction opinion in grazing case leaves the reader wanting MUCH more...

Posted on October 14, 2008
Oregon Natural Desert Association v. Kimbell et al, Civil No. 07-1871-SU,, 2008 WL 4186913 (D.Or. Sept. 5, 2008)(HAGGERTY, Chief Judge). When grazing is permitted on federal lands, livestock can trample spawning nests of fish, destroy or ...

Envirornmental groups send 100,000 comments on proposed changes to Section 7 consultation regulations

Posted on October 14, 2008
According to a joint October 14, 2008 press release by the Endangered Species Coalition, Earthjustice, Center for Biological Diversity, Conservation Law Foundation, Defenders of Wildlife, Natural Resources Defense Council, National Audubon Society, and ...

Section 1983 claims related to endangered mussels in NYC's Neversink Reservoir sent off to Neverland by federal judge

Posted on October 13, 2008
Elliot v. City of New York, No. 06-CV-296 (KMK), 2008 WL 4178187 (Sept. 8, 2008, S.D.N.Y.) Plaintiffs bring this action against the City of New York including the City of New York Department of Environmental Protection… Plaintiffs allegations… revolve ...

NOAA finalizes speed restrictions to protect North Atlantic right whales

Posted on October 12, 2008
73 Fed. Reg. 60173 / 73 FR 60173-60191 / Friday, October 10, 2008 (National Oceanic and Atmospheric Administration; 50 CFR Part 224; Docket No. 040506143–7024–03; RIN 0648–AS36; Endangered Fish and Wildlife; Final Rule To Implement Speed Restrictions to ...

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9th Circuit finds ESA lawsuit related to tower strikes cannot be used to avoid FCC's administrative process

Posted on October 11, 2008
American Bird Conservancy v. Federal Communications Commission, D.C. No. CV-05-00461-DAE (9th Cir. October 6, 2008) SUMMARY: We must decide whether an environmental group may employ the citizen-suit provision of the Endangered Species Act to challenge ...

FWS already abandoned e-mail; is it intentionally discouraging public comment too, and ignoring DOJ's advice?

Posted on October 07, 2008
As a regular reader of the Federal Register, I have noted an ongoing error in the "privacy" provisions of the FWS notices.  Could it be that FWS is discouraging public comments on its proposed Endangered Species Act actions by warning -- ...

NOAA offers workshop on green sturgeon critical habitat, fixes error in previously noticed map

Posted on October 07, 2008
73 Fed. Reg. 58527 / 73 FR 58527-58528 / Vol. 73, No. 195 (Tuesday, October 7, 2008)(DEPARTMENT OF COMMERCE; National Oceanic and Atmospheric Administration 50 CFR Part 226 ocket No. 080730953–81003–01RIN 0648–AX04 Endangered and Threatened Wildlife and ...

Status reviews underway on 11 mountain-prairie species, including Wyoming toad; FWS seeks public comment

Posted on October 06, 2008
73 Fed. Reg. 58261 / 73 FR 58261-58262 (Monday, Oct. 6, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; WS–R6–ES–2008–N0187; 60120–1113–0000; C4 Endangered and Threatened Wildlife and Plants; 5-Year Reviews of Three Wildlife Species and ...

Mass extinction coming soon, says IUCN, and polar bears cannibalism may serve as partial proof

Posted on October 06, 2008
 One in four mammals risks extinction, says Reuters, citing an International Union for Conservation of Nature (IUCN) report.  "A quarter of the world's mammals are threatened with extinction, an international survey showed on Monday, and ...

Do greens know diplomacy? In the eyes of some, W can do nothing but harm.

Posted on October 04, 2008
At this point, there is nothing George W. Bush or Interior Secretary Dirk Kempthorne can do.  Any action taken with respect to the Endangered Species Act -- even the do-gooder announcements -- will receive criticism and suspicion.  Take, ...

NOAA considering expanded critical habitat for Hawaiian monk seal

Posted on October 03, 2008
73 Fed. Reg. 57583  / 73 FR 57583-57585 / Vol. 73, No. 193 / Friday, October 3, 2008 (DEPARTMENT OF COMMERCE; National Oceanic and Atmospheric Administration; 50 CFR Part 226; Docket No. 0809161218–81253–01 RIN 0648–AX23; Listing Endangered and ...

Local HCPs may help California's June beetles and spineflowers

Posted on October 03, 2008
73 Fed. Reg. 57644 / 73 FR 57644-57646 / Vol. 73, No. 193 / Friday, October 3, 2008 (DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; WS–R1–ES–2008–N0222; 81440–1112–0000 ABC Code F2Endangered and Threatened Wildlife and Plants; Incidental Take ...

FWS considering delisting of marbled murrelet

Posted on October 02, 2008
73 Fed. Reg. 57314 /  Vol. 73, No. 192 / Thursday, October 2, 2008 (DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; [FWS–R1–ES–2008–0095; 92220–1113–0000–C5]; Endangered and Threatened Wildlife and Plants; 90-Day Finding on a ...

Federal judge rejects FWS delisting of Minnesota's gray wolves: Humane Society v. Kempthorne (D.D.C.)

Posted on October 01, 2008
Humane- Society v. Kempthorne, Civil Action No. 07-0677 (PLF), --- F.Supp.2d ----, 2008 WL 4378080 (D.D.C. Sept. 29, 2008)(Paul L. Friedman, District Judge). INTRO: In 1978, the gray wolf (Canis lupus ) was listed as threatened in Minnesota and ...

The wolf saga continues... LA Times says excess hunting putting it back on the list of endangered species

Posted on September 30, 2008
Earlier this year, FWS delisted populations of the grey wolf.  See prior ESA blawg entries in January and February and  Since then, according to a recent LA Times article, hunters have gone on a shooting spree, and the species may be heading ...

ESA news emerging in Florida...

Posted on September 30, 2008
While the Federal Circuit's recent decision on takings law and the Endangered Species Act may one day be recognized as a huge legal earthquake in California and the western U.S., see ESA blawg (Sept. 29, 2008), in Florida, tropical depressions with ....

FWS seeking information on piping plovers for 5-year review

Posted on September 30, 2008
73 Fed. Reg. 56860, 73 FR 56860-56862, Vol. 73, No. 190 (Tuesday, September 30, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; FWS–R3–ES–2008–N0235; 30120–1113–0000 C4; 50120–1113–0000 C4; Endangered and Threatened Wildlife and ...

Takings and the ESA: Casitas Municipal Water District v. United States (Fed. Cir.)

Posted on September 29, 2008
Casitas Municipal Water District v. United States, Case No. 2007-5153 (Fed. Cir. Sept. 25, 2008)    SUMMARY: Casitas Municipal Water District (Casitas) appeals the judgment of the United States Court of Federal Claims granting summary ...

YouTube, Sarah Palin, Penn&Teller, and the Endangered Species Act

Posted on September 26, 2008
Tired of reading your Endangered Species Act news on the internet?  Try watching it.  How about Sarah Palin on You Tube explaining her view that the Endangered Species Act is being abused by extreme environmentalists, and discussing Alaska's ...

NOAA seeks comments on Middle Columbia River steelhead recovery plan

Posted on September 24, 2008
73 Fed. Reg. 55045 / 73 FR 55045-55052 (Wednesday, September 24, 2008) (DEPARTMENT OF COMMERCE; National Oceanic and Atmospheric Administration; RIN 0648-XK45; Endangered and Threatened Species; Recovery Plans; Notice of Availability; request for ...

Senator Boxer calls Bush administration officials cowards for no-show at hearing on ESA rules

Posted on September 24, 2008
Earlier today, Department of Interior Assistant Secretary for Fish and Wildlife Lyle Laverty failed to attend a Congressional hearing anticipated to include a discussion of the proposed regulations to amend the Endangered Species Act's consultation ....

FWS reopens comment period on slickspot peppergrass

Posted on September 22, 2008
73 Fed. Reg. 54345 / 73 FR 54345-54346 (Friday, September 19, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; WS-R1-ES-2008-0096; MO 9221050083-B2 RIN 1018-AW34; Endangered and Threatened Wildlife and Plants; Listing the Plant ...

Postscript on Northern Rocky Gray Wolf litigation... FWS reverses its own reversal

Posted on September 18, 2008
According to the Defenders of Wildlife, who in turn cite recent statements by senior U.S. Fish and Wildlife Service (FWS) officials, "FWS intends to rescind its own wolf delisting rule - issued in March - sometime this week. This will place the Northern ...

More information on FWS's proposed actions on reticulated salamanders

Posted on September 18, 2008
73 Fed. Reg. 54125 / 73 FR 54125-54132 (Thursday, September 18, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; WS-R4-ES-2008-0082; 92210750083-B2 RIN 1018-AU85; Endangered and Threatened Wildlife and Plants; Proposed Endangered ...

In long-shot legislation, California Congressman seeks to exempt Sacramento Delta from Endangered Species Act

Posted on September 17, 2008
Implementation of the Endangered Species Act in the Sacramento Delta has been a frequent topic on the pages of ESA blawg.  See ESA blawg on OCAP decision" target=_newOCAP decision and July PCFFA decision.  While the slow-motion train wreck, ...

The sound of bats along the Kissimmee River

Posted on September 17, 2008
Yesterday, the South Florida Water Management District and newsmedia reported that Endangered Florida bonneted bats have been making sound waves along the Kissimmee River, far from its historic range near Miami. The Florida bonneted bat is ...

Sarah Palin wins CBD's rubber dodo award

Posted on September 17, 2008
As readers of this blawg know, I'm not a big fan of the insulting practice of anti-awards. The newsmedia tends to disagree with me however, so, for anyone interested, here it is: The Center for Biological Diversity announced that Sarah Palin earned ...

FWS expands proposed critical habitat for California red-legged frog

Posted on September 17, 2008
73 Fed. Reg. 53491 / 73 FR 53491-53680 (Tuesday, September 16, 2008)(Volume 73, Number 180)(Department of Interior; Fish and Wildlife Service; 50 CFR Part 17; Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the ...

Another ESA controversy: Endangered Species Coalition says proposed rule (not the one you think) misled public, reduced habitat protections

Posted on September 10, 2008
It seemed innocent enough.  On August 6, 2008, the FWS announced a change in the formatting of the listing table for endangered and threatened species.  See ESAblawg post.  The summary of the rule stated that FWS proposed to amend ...

Removal of Lahontan Cutthroat Trout listing not yet justified, FWS concludes

Posted on September 09, 2008
73 Fed. Reg. 52257,  73 FR 52257 (Tuesday, September 9, 2008)(DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; [FWS-R8-ES-2008-0098; 92220-1113-0000-C5]; Endangered and Threatened Wildlife and Plants; 90-Day Finding on a ...

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