Environmental Law

FWS announces economic analysis of mollusk critical habitat in deep south, and revised recovery plan for Yuma clapper rail

Posted on February 11, 2010
75 Fed. Reg. 6613 / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Proposed Rules DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service 50 CFR Part 17 Docket No. FWS-R4-ES-2008-0104 / MO 92210-0-0009-B4 / RIN 1018-AU88 Endangered and Threatened ...

FWS considers downlisting Okaloosa darter, and incidental take permits for Ohio wind farm take of Indiana bat and Florida airport park take of scrub jay

Posted on February 02, 2010
75 Fed. Reg. 5263 (Tuesday, February 2, 2010) / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 / Docket FWS–R4–ES–2008–0071; 92220–1113–0000–C6 / RIN 1018—AW07 Endangered and Threatened Wildlife and Plants; Proposed ...

NOAA considers recovery plan for beluga whale and critical habitat revisions for leatherback sea turtle

Posted on February 02, 2010
75 Fed. Reg. 4528 (Thursday, January 28, 2010) / Notices DEPARTMENT OF COMMERCE / National Oceanic and Atmospheric Administration Docket RIN 0648–XU02 Endangered and Threatened Species: Notice of Intent to Prepare a Recovery Plan for Cook Inlet Beluga ...

ESA news: two major lawsuits announced on pesticide regulation and military effects on right whales; while two states are becoming regulatory battlegrounds.

Posted on January 30, 2010
Alaska wants less regulation based on the Endangered Species Act -- much less.  According to the JuneauEmpire.com, Alaska's Attorney General has budgeted $1 million next year to pay for a full-time attorney to focus on the Endangered Species Act, ...

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NOAA priorities preclude critical habitat revisions for staghorn coral in South Florida

Posted on January 27, 2010
75 Fed. Reg. 3711 (Friday, January 22, 2010) / Notices DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Docket No. 0907081108–91430–02 / RIN 0648–XP68 Listing Endangered and Threatened Wildlife and Designating Critical Habitat; ...

FWS rejects petition to delist marbled murrelet

Posted on January 27, 2010
75 Fed. Reg. 3424 (Thursday, January 21, 2010) / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 Docket No. FWS–R1–ES–2008–0095;13410–1113–0000–C5 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a ...

Logical, illogical, or ecological? Food for thought on environmentalist ratings and rantings.

Posted on January 19, 2010
Earlier today, the Center for Biological Diversity issued its press release giving the Obama Administration a "C" grade for its first year of handling of endangered species, climate, energy, public lands and oceans.  According to the CBD ...

FWS notices: proposed revised bull trout critical habitat, future plans for jaguar critical habitat, reopened Shovelnose sturgeon comment, and a docket oops.

Posted on January 15, 2010
75 Fed. Reg. 2270 (Thursday, January 14, 2010) / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 Docket No. FWS-R1-ES-2009-0085 / MO 92210-0-0009 / RIN 1018-AW88 Endangered and Threatened Wildlife and Plants; Revised ...

Is Obama too green, or not green enough?

Posted on January 13, 2010
Recent news articles demonstrate a clear theme: the Obama Administration is rebutting the "just like Bush" critique.  "In a sharp reversal of its predecessor's position," the Arizona Daily Star begins its article about how the ...

Floridians on notice: FWS may revise manatee critical habitat, list gopher tortoise; regulators also extend comment period for beluga whale and Oregon plants

Posted on January 12, 2010
KEITHINKING: Two noteworthy announcements in the Federal Register today for Floridians.  First, FWS indicated that revisions to manatee critical habitat are warranted, but for the moment, precluded by limited funds. (Or until the next lawsuit compels ...

NOAA may list Atlantic Sturgeon

Posted on January 06, 2010
75 Fed. Reg. 838 (Wednesday, January 6, 2010) / Proposed Rules DEPARTMENT OF COMMERCE / National Oceanic and Atmospheric Administration / 50 CFR 223 and 224 Endangered and Threatened Wildlife; Notice of 90–Day Finding on a Petition to List Atlantic ...

Stimulus funds save panthers from palm trees, Judge Redden pleased with progress on salmon species management, but some environmentalists still concerned.

Posted on November 24, 2009
Panthers vs. Palm Trees?  Yup.  And the panther won -- thanks to stimulus funds! -- as explained by Mother Nature Network, relying on information from the U.S. Fish & Wildlife Service: "If you like your conservation efforts served with ...

FWS announces status review for Gunnison sage grouse

Posted on November 23, 2009
74 Fed. Reg. 61100 (Monday, November 23, 2009)/ Volume 74, Number 224 / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service / 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Notice of Intent to Conduct a Status Review of ...

Sierra Club warns of climate change effects on Florida panther, calls for critical habitat designation

Posted on November 20, 2009
The Sierra Club today is calling on the U.S. Fish and Wildlife Service to help the Florida panther survive global warming by protecting its habitat, the non-profit organization announced in the Press Room today.  "In many ways, the Florida ...

Federal judge in D.C. refuses to supplement the record

Posted on November 20, 2009
The Cape Hatteras Access Preservation Alliance v. U.S. Department of the Interior Civil Action No. 09-236-RCL, 2009 U.S. Dist. LEXIS 105300 (D.D.C., November 4, 2009) BACKGROUND: At issue is whether this Court should consider a report that relates to ...

FWS reopens comment period on Hawaiian damselflies

Posted on November 20, 2009
74 Fed. Reg. 59956 / Vol. 74, No. 222 / Thursday, November 19, 2009 / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Flying Earwig Hawaiian ...

Federal judge denies permanent injunction against animal trapping in Maine, finds no irreparable harm to Canada lynx population

Posted on November 18, 2009
Animal Welfare Institute v. Martin, CV-08-267-B-W, 2009 U.S. Dist. LEXIS 105268 (D. Me., November 10, 2009) BACKGROUND. On March 24, 2000, the United States Fish and Wildlife Service (USFWS) designated Canada lynx as a threatened species under the ....

Ninth Circuit defers to U.S. Forest Service Record of Decision, even without a biological opinion

Posted on November 18, 2009
Alliance for the Wild Rockies v. U.S. Forest Service, No. 08-35841, 2009 WL 3600522 (9th Cir. Nov. 2, 2009) BACKGROUND: On April 16, 2007, Forest Supervisor Paul Bradford signed the Northeast Yaak Record of Decision (ROD) to implement "Alternative ...

Federal judge in Arizona defers to FWS and Forest Service analysis, rejects claims of effects on Mexican spotted owl

Posted on November 18, 2009
Center for Biological Diversity v. U.S. Forest Service, No. CV-09-8116-PHX-FJM, 2009 U.S. Dist. LEXIS 103382 (D. Az. Nov. 5, 2009) BACKGROUND:  The Warm Fire was started by lightning on June 8, 2006, in the Kaibab National Forest and burned ...

It's official: FWS publishes notice of brown pelican delisting

Posted on November 17, 2009
74 Fed. Reg. 59443-59472 (November 17, 2009) / Volume 74, Number 220 / Rules and Regulations DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Removal of the Brown Pelican (Pelecanus ...

NOAA announces green sturgeon recovery plan development; FWS announces annual candidate notice of review, continues public comment on foreign bird species listing, and considering HCP applications in Florida and Alabama

Posted on November 13, 2009
74 Fed. Reg. 58245 / Vol. 74, No. 217 /Thursday, November 12, 2009 / Notices DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Endangered and Threatened Species: Recovery Plan Preparation for the Threatened Southern Distinct ...

FWS may revise critical habitat for Florida manatee, but not Clay-loving wild buckwheat (yet); FWS also releases post-delisting monitoring plan for Brown pelican

Posted on September 30, 2009
74 Fed. Reg. 49842 / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Proposed Rules 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 Revise Critical ...

Plaintiffs lose in two separate Florida cases challenging federal actions related to Perdido Key beach mouse and Everglades restoration

Posted on September 27, 2009
Fisher v. Salazar,- - F.Supp.2d - -, 2009 WL 3030736 (N.D.Fla.)(William Stafford, District Judge) INTRO: The plaintiffs, Paul and Gayle Fisher (the "Fishers") and Perdido Key Property Rights, Inc. ("PKPR") (collectively, ...

FWS proposes to list shovelnose sturgeon in effort to protect pallid sturgeon, reopens comment period on Oregon Chub critical habitat

Posted on September 27, 2009
74 Fed. Reg. 48215 / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Rule To List the Shovelnose Sturgeon as ....

FWS announces Revised Recovery plan for Laysan duck, and post-delisting monitoring plan for Concho water snake

Posted on September 27, 2009
74 Fed. Reg. 48284 / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Notices DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service Endangered and Threatened Wildlife and Plants; Revised Recovery Plan for the Laysan Duck (Anas laysanensis) ACTION: ...

ESA news: once cold, now hot; and once wet, now dry.

Posted on September 17, 2009
Arctic and polar regions continue to be hotspots for Endangered Species Act news.  CNSnews.com reports that theInternational Fund for Animal Welfareon Tuesday filed a petition with the U.S. Fish & Wildlife Service to protect two North Pole ....

FWS reinstates ESA listing protections for grey wolf, leaves protections in place for Bliss Rapids snail

Posted on September 17, 2009
74 Fed. Reg. 47483 / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Rules and Regulations DEPARTMENT OF THE INTERIOR Fish and Wildlife Service / 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Reinstatement of Protections for the Gray ...

Obama Administration announces "insurance policy for the fish" in FCRPS salmonid litigation

Posted on September 16, 2009
In May 2009, U.S. District Court Judge James A. Redden appeared ready to rule against the Federal Defendants in the ongoing litigation over the Federal Columbia River Power System (FCRPS), and its impacts upon salmonid species.  As explained in a ...

ESA in the News: Florida roundup

Posted on September 16, 2009
The Florida Fish & Wildlife Commission is revisiting -- again -- the way it categorizes species for special protection.  The Orlando Sentinel reports that FWCC may use the same endangered and threatened designations that the U.S. Fish & ...

ESA in the news: bad for Bush, but good for Obama? Don't touch eagle feathers, but shoot the wolves? EPA consults, but not FEMA?

Posted on September 15, 2009
"The Obama administration is moving to accelerate Endangered Species Act," says the New York Times, and the administration will be embracing an ecosystem approach, allowing for decisions on multiple species all at once.  This sensible ...

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