Environmental Law

FWS lists three foreign petral species as endangered, and turns one endangered cactus into three, but listing of Goose Creek milkvetch precluded by higher priorities

Posted on September 15, 2009
74 Fed. Reg. 46914 / Vol. 74, No. 176 / Monday, September 14, 2009 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service; 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing the Chatham Petrel, Fiji Petrel, and Magenta  Petrel as ...

FWS makes 90-day findings on Pacific walrus, Amargosa Toad, and Wright?s marsh thistle

Posted on September 15, 2009
74 Fed. Reg. 46548 / Vol. 74, No. 174 / Thursday, September 10, 2009 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 Pacific Walrus as ...

NOAA adopts new rule to limit incidental take of sea turtles in sea scallop fishery; FWS adopts new regulations for incidental take of eagles pursuant to Bald and Golden Eagle Protection Act

Posted on September 15, 2009
74 Fed. Reg. 46930 / Vol. 74, No. 176 / Monday, September 14, 2009 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 222 & 223 Endangered and Threatened Wildlife; Sea Turtle Conservation ACTION: Final ...

Fish and Wildlife Service makes 90-day finding on eastern gopher tortoise

Posted on September 09, 2009
74 Fed. Reg. 46401 / Vol. 74, No. 173 /Wednesday, September 9, 2009 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 Eastern Population of the ...

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ESA blawg proud to be an ABA Blawg-100 nominee

Posted on September 06, 2009
A reader recently sent me a note to let me know how much he appreciates this law blog, and he also told me that he nominated ESA blawg as one of the American Bar Association's Top 100 niche blawgs.  Now, I'm not trying to launch a campaign here ...

NOAA announces final rule for smalltooth sawfish critical habitat in Southwest Florida, while Center for Biological Diversity announces lawsuit over Cape Sable Seaside Sparrow critical habitat

Posted on September 06, 2009
74 Fed. Reg. 45353 / Vol. 74, No. 169 / Wednesday, September 2, 2009 DEPARTMENT OF COMMERCE / National Oceanic and Atmospheric Administration / 50 CFR Part 226 Endangered and Threatened Species; Critical Habitat for the Endangered Distinct Population ...

FWS announces availability of Apache Trout recovery plan

Posted on September 06, 2009
74 Fed. Reg. 45649 / Vol. 74, No. 170 / Thursday, September 3, 2009 DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service Endangered and Threatened Wildlife and Plants; Apache Trout (Oncorhynchus apache) Recovery Plan, Second Revision ACTION: Notice ...

FWS denies listing for Sacramento Mountains checkerspot butterfly.

Posted on September 06, 2009
74 Fed. Reg. 45396 / Vol. 74, No. 169 / Wednesday, September 2, 2009 DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service / 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Sacramento ...

FWS may list Sonoran DPS of Desert tortoise, and proposes critical habitat for San Diego ragweed.

Posted on August 30, 2009
74 Fed. Reg. 44335 / Vol. 74, No. 166 / Friday, August 28, 2009 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 Sonoran Population ...

Two similar dock cases, two very different outcomes

Posted on August 30, 2009
A tale of two docks.  In a recent Oregon case, Northwest Environmental Defense Center v. National Marine Fisheries Service, No. CV 08-939-MO, 2009 WL 2486039 (D. Or., Aug. 12, 2009), the U.S. Army Corps and NOAA Fisheries won a complete ...

FWS seeking more information from public on black-footed albatross

Posted on August 26, 2009
73 Fed. Reg. 43092 / Vol. 74, No. 164 / Wednesday, August 26, 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 List the ...

FWS proposes critical habitat for DPS of California tiger salamander in Sonoma County, but rejects petition to list ashy storm-petrel

Posted on August 25, 2009
74 Fed. Reg. 41662 / Vol. 74, No. 158 / Tuesday, August 18, 2009 / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service / 50 CFR Part 17 / Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Sonoma County ...

ESA in the News All Over the Nation

Posted on August 14, 2009
From New England to New Mexico, and the Pacific Northwest to Florida, with a dose of Texas an West Virginia too, the Endangered Species Act made news nationwide this week.  An excellent article in the New York Times on mountaintop mining reveals how ...

FWS proposes listing of seven Brazilian birds

Posted on August 12, 2009
74 Fed. Reg. 40649-40683 (August 12, 2009) / Volume 74, Number 154 / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service / 50 CFR Part 17 / Endangered and Threatened Wildlife and Plants; Listing Seven Brazilian Bird Species as Endangered ...

NOAA undertakes status review for humpback whale for first time in a decade, and FWS announces annual warranted but precluded finding on 20 foreign species.

Posted on August 12, 2009
74 Fed. Reg. 40568 (August 12, 2009) / Volume 74, Number 154 / Notices DEPARTMENT OF COMMERCE National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce / Endangered and Threatened Species; Initiation of a Status ...

NOAA revises Atlantic salmon critical habitat to exclude tribal lands

Posted on August 11, 2009
74 Fed. Reg. 39903 / Vol. 74, No. 152 / Monday, August 10, 2009 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration / 50 CFR Part 226 / Endangered and Threatened Species; Designation of Critical Habitat for ...

FWS may list Jemez Mountains salamander, announces status review

Posted on August 11, 2009
74 Fed. Reg. 40132 / Vol. 74, No. 153 / Tuesday, August 11, 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 List the Jemez ...

ESA in the News: wind farms, climate change, and salmon vs. hydropower

Posted on August 09, 2009
Wind farms and the Endangered Species Act continue on their collision course.  Horizon Wind Energy has suspended development of the Simpson Ridge wind farm in Carbon County because of Wyoming's rigid position on protecting key sage grouse habitat...

Center for Progressive Reform comments on improving ESA Section 7 consultation may seek too much of a good thing.

Posted on August 03, 2009
Responding to the Obama Administration's requests for comments on potential improvements to the Endangered Species Act Section 7 consultation process, the Center for Progressive Reform offered its insights earlier today.  See link.  Among its ...

FWS proposes critical habitat for two Oregon plants

Posted on August 03, 2009
74 Fed. Reg. 37314 / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules DEPARTMENT OF THE INTERIOR Fish and Wildlife Service / 50 CFR Part 17 / Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Limnanthes ...

NOAA considering petition to review critical habitat for elkhorn and staghorn coral

Posted on August 03, 2009
74 Fed. Reg. 36995 /Vol. 74, No. 142 /Monday, July 27, 2009 / Proposed Rules DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration / 50 CFR Part 226 / Listing Endangered and Threatened Wildlife and Designating Critical Habitat; 90–day ...

NOAA extends comment period on status review for Oregon Coast coho salmon ESU

Posted on August 03, 2009
74 Fed. Reg. 38170 / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices DEPARTMENT OF COMMERCE / National Oceanic and Atmospheric Administration / Listing Endangered and Threatened Species: Initiation of a Status Review for the Oregon Coast Evolutionarily ...

ESA in the News: FWS shuffles, and other smelt, salmon, and sawfish stories

Posted on July 30, 2009
The U.S. Fish and Wildlife Service is making minor but familiar changes to its endangered species management personnel, reports the New York Times.  Gary Frazer is back, overseeing the endangered species program for the U.S. Fish and Wildlife ...

NOAA proposes regulations to protect killer whales

Posted on July 30, 2009
74 Fed. Reg. 37674 / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Proposed Rules DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration / 50 CFR Part 224 / Protective Regulations for Killer Whales in the Northwest Region Under the ...

NOAA may list largetooth sawfish as an endangered species

Posted on July 30, 2009
74 Fed. Reg. 37671 / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Proposed Rules DEPARTMENT OF COMMERCE / National Oceanic and Atmospheric Administration / 50 CFR Parts 223 and 224 / Listing Endangered and Threatened Species and Designating Critical ...

FWS notices proposed enhancement of survival permit for Oregon forests, granting Safe Harbor and incidental take coverage to landowners in return for habitat management measures that benefit Northern spotted owls

Posted on July 22, 2009
74 Fed. Reg. 35883 / Vol. 74, No. 138 / Tuesday, July 21, 2009 DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service / Endangered and Threatened Wildlife and Plants; Permit Application, Northern Spotted Owl, Oregon ACTION: Receipt of application for ...

FWS says listing of white-sided jackrabbit may be warranted

Posted on July 22, 2009
74 Fed. Reg. 36152 / Vol. 74, No. 139 / Wednesday, July 22, 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 List the White-Sided ...

ESA in the News: return of the spotted owl, and the spotted turtle (and the wolf, smelt, stork, and manatee)

Posted on July 16, 2009
Earlier today, U.S. Department of the Interior Secretary Ken Salazar announced that the Western Oregon Plan Revisions were withdrawn because "the administrative record does not adequately document compliance with the Endangered Species Act and ....

Responding to petition, FWS announces 90-day findings on 14 parrot species

Posted on July 15, 2009
74 Fed. Reg. 33957 / Vol. 74, No. 133 / Tuesday, July 14, 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 List 14 Parrot Species ...

Safari Club wins Article III standing dispute in challenge to polar bear rule, but loses standing arguments in dispute over captive antelope rule

Posted on July 10, 2009
In re Polar Bear Endangered Species Act Listing and Section 4(d) Litigation and Safari Club International, et al. v. Salazar, et al, No. 08-881(EGS).  Misc. Action No. 08-764 (EGS).  MDL Docket No. 1993.  Nos. MISC.A. 08-764EGS, MDL.1993...

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