Tag Archives: Endangered Species Act

Is the U.S. Endangered Species Act Itself Now Threatened or Endangered?

On August 12, 2019, the U.S. Department of the Interior (DOI) unveiled three final rulemakings that will have a significant impact on the future implementation of certain portions of the Endangered Species Act (ESA). According to DOI, the new regulations are “designed to increase transparency and effectiveness and bring the administration of the [ESA] into the … Continue Reading

US Agencies Propose Sweeping Changes to Endangered Species Act Implementing Regulations

The US Fish and Wildlife Service (FWS) and the National Oceanic Atmospheric Administration (NOAA) Fisheries, two federal agencies charged with administering the Endangered Species Act (ESA or Act), recently announced major revisions to the regulations implementing the Act. The proposed rules were published in the Federal Register on July 25, 2018 and have already garnered … Continue Reading

US Lawmakers Target the Endangered Species Act While Advocates Continue to Sue to Shape the Act’s Implementation

Since President Nixon signed into law the Endangered Species Act (ESA) in 1973, the ESA has directed the identification and protection of endangered and threatened species in the United States. While President Obama remarked that his Administration had “seen more victories under the Endangered Species Act than any previous administration,” the Obama Administration generally applied the ESA … Continue Reading

Citing Climate Change, US Regulations Expand Protection for the Critical Habitats of ESA-Listed Species

On March 14, 2016, two new federal rules went into effect that could change the way in which the Endangered Species Act (ESA) is implemented throughout the United States. The U.S. Fish & Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) finalized these rules to update the regulatory provisions on which the agencies … Continue Reading

Faced with Drought and Water Shortage, California Water Board Can’t Win For Losing

Things couldn’t be going much worse for the California State Water Resources Control Board (“Board”). In the midst of one of California’s worst droughts on record that has seen water levels drop to historic lows in California Reservoirs, Governor Jerry Brown and the Board have been desperate to find and implement ways to conserve water … Continue Reading

New Credits to Offset Impacts to Listed Species under the US Endangered Species Act

The US Fish and Wildlife Service (USFWS) proposes extending conservation credit to all landowners who participate in early voluntary conservation actions for declining or at-risk species. Currently, non-federal landowners are eligible to participate in a similar program known as the Candidate Conservation Agreements with Assurances. Under the proposed policy, however, parties may earn credit for efforts … Continue Reading
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