Environmental Law

Endangered shiner gets government help

Posted on July 10, 2009
Endangered Shiner Gets Government Help, by Pete David. Federal and state agencies in New Mexico are collaborating on an effort that will hopefully help support recovery of the Pecos bluntnose shiner (Notropis simus pecosensis) in the Pecos River ...

Federal judge in Oregon grants limited preliminary injunction of cattle grazing in National Forest to guard against irreparable harm to steelhead

Posted on July 10, 2009
Oregon Natural Desert Association v. Kimbell, Civil No. 07-1871-HA. (D. Oregon, June 15, 2009). HAGGERTY, District Judge EXCERPT: Because the United States Forest Service (Forest Service) has reinitiated formal consultation pursuant to ? 7 of the ...

NRDC lacks standing to bring ESA challenge against Central Valley Project water contracts

Posted on July 10, 2009
NRDC v. Kempthorne, No. 1:05-CV-1207 OWW SMS (E.D. Cal., June 3, 2009). OLIVER W. WANGER, District Judge. BACKGROUND: Plaintiffs' Third Amended Complaint, Docket No. 575 (Apr. 8, 2008), alleges that Federal Defendants acted unlawfully by executing 41 ...

FWS proposes listing and critical habitat for Casey's June beetle

Posted on July 09, 2009
74 Fed. Reg. 32857 / Vol. 74, No. 130 /Thursday, July 9, 2009 / Proposed Rules DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service / 50 CFR Part 17 / Endangered and Threatened Wildlife and Plants; Listing Casey’s June Beetle (Dinacoma caseyi) as ...

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Climate change creates new challenges for application of ESA's listing factors to individual species

Posted on July 08, 2009
Based on the recent federal report, Global Climate Change Impacts in the United States, the nation's ecosystems will soon experience massive stresses.   According to this report (see Executive Summary too), our national ecosystems have already ....

FWS reviews petition, finds listing may be warranted, undertakes status review on Susan's purse-making caddisfly, and proposes endangered status for Flying earwig Hawaiian damselfly and Pacific Hawaiian damselfly

Posted on July 08, 2009
74 Fed. Reg. 32514 / Vol. 74, No. 129 / Wednesday, July 8, 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 Susan’s ...

FWS may list Puerto Rico's coqui llanero, undertakes status review

Posted on July 08, 2009
74 Fed. Reg. 32510 / Vol. 74, No. 129 / Wednesday, July 8, 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 Coqui ...

FWS says listing of roundtail chub DPS warranted but precluded

Posted on July 07, 2009
74 Fed. Reg. 32352 / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Proposed Rules 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 a Distinct ...

FWS proposes listing of five foreign bird species, including Ecuador's Esmeraldas woodstar

Posted on July 07, 2009
74 Fed. Reg. 32308 / Vol. 74, No. 128 / Tuesday, July 7, 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 Five Foreign Bird Species in ...

FWS notices status review of 23 southeastern species

Posted on July 06, 2009
74 Fed. Reg. 31972 / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service / Endangered and Threatened Wildlife and Plants; 5-Year Status Reviews of 23 Southeastern Species SUMMARY: We, the U.S. Fish ...

Bat-related biological breakthrough reminds us why we need the ESA

Posted on July 04, 2009
This week, in The FESEBJ Journal (published by the The Federation of American Societies for Experimental Biology), an article discusses a potentially age-defying discovery.  According to a team of Texas researchers, two long-lived bat species (one ...

Even without site-specific facts, U.S. District Court Judge says USDA's informal consultation on programmatic forestry rule revisions failed to comply with ESA

Posted on July 02, 2009
Citizens for Better Forestry v. U.S. Department of Agriculture, No. C 08-1927 CW (N.D. Cal. June 30, 2009) BACKGROUND: Plaintiffs Citizens for Better Forestry, et al. (collectively, Citizens) charge Defendants United States Department of Agriculture ...

In response to petition, FWS finds that once abundant northern leopard frog population may require listing

Posted on July 02, 2009
74 Fed. Reg. 31389 /Vol. 74, No. 125 / Wednesday, July 1, 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 Northern Leopard ...

More litigation, more politics, and more media attention, but less water and no solutions in the Sacramento Delta

Posted on July 02, 2009
Add EPA to the list of federal agencies tangled up in the Sacramento Delta disputes.  The Environmental Protection Agency is settling litigation accusing the agency of failing to comply with the Endangered Species Act , says the San Francisco ...

FWS proposed revised critical habitat for Spreading Navarretia

Posted on July 01, 2009
74 Fed. Reg. 27588 / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service / 50 CFR Part 17 / Endangered and Threatened Wildlife and Plants; Proposed Revised Critical Habitat for Navarretia ...

NOAA provides notice of "intent to proceed" with critical habitat revisions for Hawaiian monk seal

Posted on July 01, 2009
74 Fed. Reg. 27988 / Vol. 74, No. 112 / Friday, June 12, 2009 / Proposed Rules DEPARTMENT OF COMMERCE / National Oceanic and Atmospheric Administration / 50 CFR Part 226 / Endangered and Threatened Species: 12–Month Finding for a Petition to Revise ...

NOAA notices draft guidance on Pacific Northwest salmon recovery monitoring

Posted on June 30, 2009
74 Fed. Reg. 31008 / Vol. 74, No. 123 / Monday, June 29, 2009 / Notices DEPARTMENT OF COMMERCE / National Oceanic and Atmospheric Administration / Endangered and Threatened Species: Notice of Availability for Public Comment on Guidance for Monitoring ...

FWS proposes listing of, and critical habitat for, Georgia Pigtoe Mussel, Interrupted Rocksnail, and Rough Hornsnail

Posted on June 30, 2009
74 Fed. Reg. 31114 / Vol. 74, No. 123 / Monday, June 29, 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 the Georgia Pigtoe ...

FWS revises, and reduces, critical habitat for Quino checkerspot butterfly

Posted on June 30, 2009
74 Fed. Reg. 28776 / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Rules and Regulations DEPARTMENT OF THE INTERIOR / Fish and Wildlife Service / 50 CFR Part 17 / Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for ...

Despite State of Maine concerns, FWS and NOAA determine Atlantic Salmon DPS to be an endangered species

Posted on June 30, 2009
74 Fed. Reg. 29344 / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations DEPARTMENT OF INTERIOR / Fish and Wildlife Service / 50 CFR Part 17 / DEPARTMENT OF COMMERCE / National Oceanic and Atmospheric Administration / 50 CFR Part 224 / ...

FWS considering changes to critical habitat for clay-loving wild buckwheat

Posted on June 30, 2009
74 Fed. Reg. 29456 / Vol. 74, No. 118 / Monday, June 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 Revise Critical ....

FWS rejects petition to delist Lost River and shortnose suckers, but FWS still intends to downlist the Lost River sucker in the Klamath Basin

Posted on June 30, 2009
74 Fed. Reg. 30996 / Vol. 74, No. 123 / Monday, June 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 Delist the Lost River ...

ESA in the news

Posted on June 24, 2009
It's been kinda quiet lately in the Federal Register, with few Endangered Species Act announcements.  But President Obama's nominee as Director of U.S. Fish and Wildlife Service caused a stir with Public Employees for Environmental Responsibility ...

ESA news: from Florida to California, and from courtrooms to climate change

Posted on June 11, 2009
The Endangered Species Act repeatedly made Florida news this week.  The Orlando Sentinel reports that despite concerns for listed sea turtle concerns (nevermind local budget shortfalls), coastal governments are considering lifting tolls on beach ...

Sam Hamilton nominated as Director of the U.S. Fish and Wildlife Service

Posted on June 11, 2009
In a press release yesterday, Secretary Ken Salazar praised President Obama’s intent to nominate Sam Hamilton as Director of U.S. Fish and Wildlife Service.  Mr. Hamilton's bio, based on his current position as Southeast Regional Director of ...

FWS rejects petition to list Narrowleaf evening primrose

Posted on June 11, 2009
74 Fed. Reg. 27266 / Vol. 74, No. 109 / Tuesday, June 9, 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 Oenothera ...

FWS seeks additional comments on proposed critical habitat for Northern sea otter population segment, and potential areas for exclusion

Posted on June 11, 2009
74 Fed. Reg. 27271 / Vol. 74, No. 109 / Tuesday, June 9, 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 Southwest ...

10th Circuit finds ESA challenge to BLM project moot because of reintroduction of Aplomado falcons in New Mexico

Posted on June 11, 2009
State of New Mexico v. Bureau of Land Management, 565 F.3d 683 (10th Cir., April 28, 2009).   SUMMARY: The Bureau of Land Management argues that the U.S. Fish & Wildlife Service's summer 2006 decision to reintroduce the Aplomado Falcon into the ...

FWS designates critical habitat for Alabama Sturgeon

Posted on June 03, 2009
74 Fed. Reg. 26488 / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations DEPARTMENT OF THE INTERIOR; Fish and Wildlife Service; 50 CFR Part 17; Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Alabama ...

ESA in the news: turtles, smelt, lynx, wolves, salmonids and... walrus?

Posted on June 03, 2009
It was once a George Carlin Joke: what do you do if you see an endangered animal eating an endangered plant?  But the Center for Biological Diversity doesn't share the laugh, and has filed a petition to list the western gull-billed tern, with one of ...

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