ESA

November 28, 2018

U.S. Supreme Court Explains: What is Endangered Species Habitat?

This week the U.S. Supreme Court put its finger on the essential problem of the nearly 50 year old Endangered Species Act, 16 U.S.C. 1531 – What is endangered species habitat? The question is important.  Unbeknownst to those who do not pour through the Federal Register daily, millions of acres of private lands are designated […]
October 19, 2018

Court decision involving EPA temperature TMDL for Columbia and Snake Rivers has implications for climate change, warming waters, and species . . .

On October 18, the District Court for Western District of Washington rejected EPA’s motion for summary judgment arguing that the Clean Water Act, 33 U.S.C. § 1251 et seq. did not require EPA to develop a temperature Total Maximum Daily Load (TMDL) for the Columbia and lower Snake River.  (court order linked here)  The Columbia […]
June 7, 2018

When habitat alteration can violate the Endangered Species Act – New USFWS Guidance

On April 26, the Fish and Wildlife Service (Service) issued new guidance on incidental take for habitat modification.   “Guidance on trigger for an incidental take permit under section 10(a)(1)(B) of the Endangered Species Act where occupied habitat or potentially occupied habitat is being modified,” USFWS April 26, 2018    Since the 1980s, regulations under the […]
February 19, 2016

U.S. Fish and Wildlife Service Finalize Rule Protecting Northern Long-Eared Bat

U.S. Fish and Wildlife Services recently finalized a rule that provides greater flexibility for development and commercial activities that potentially impact the threatened northern long-eared bat. The final rule can be found here, 4(d) Rule For the Northern Long-Eared Bat, in the January 14 Fed. Reg. notice.   The final rule considers several key factors […]