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ENDANGERED SPECIES LAW & POLICY

Room to Roam Act Becomes Law
By John O'Meara on 10.03.2024
Posted in Conservation, Construction Projects, project


On September 27, 2024, Governor Gavin Newsom signed California Assembly Bill
1889, the “Room to Roam Act.” The Act amends Section 65302 of the Government
Code to add certain fish, wildlife, and habitat connectivity considerations to
the provisions governing general plans for land use in Californian cities and
counties. In light of the Act’s passage, cities and counties will be required to
update their general plans to include considerations regarding wildlife movement
within or around a proposed project area upon the next update of the local
government’s general plan ...

Continue
Tags: Government, habitat, legislation, newsom, planning rule, project
development, Senate Bill, state-led conservation, streamlining, Wildlife
U.S. Fish and Wildlife Service Proposes Listing, Designating Critical Habitat
for Kentucky Creekshell
By Derek Kliewer on 09.17.2024
Posted in Climate Change, Conservation, Critical Habitat, Endangered Species
Act, Fish & Wildlife Service, Listing


On September 17, 2024, the U.S. Fish and Wildlife Service (Service) proposed
listing the Kentucky creekshell (Villosa ortmanni) as an endangered species
under the Endangered Species Act (ESA) and designating critical habitat for the
species (Proposed Rule). The freshwater mussel is found in rivers and streams in
both Kentucky and Tennessee. Historically, the species was found in thirteen
river basins in southern Kentucky and northern Tennessee, but it has been
extirpated from four of those basins.

The Proposed Rule identifies water quality degradation, urbanization ...

Continue
Tags: Climate Change, Critical Habitat, Endangered Species, endangered species
act, freshwater mussel, habitat, Listing, Proposed Rule, River, U.S. Fish and
Wildlife Service
Federal Court Orders Re-do of Golden-Cheeked Warbler Petition Review
By Rebecca Hays Barho on 09.09.2024
Posted in Conservation, Delisting, Endangered Species Act, Fish & Wildlife
Service, Listing, Litigation, Texas


On September 5, 2024, the U.S. District Court for the Western District of Texas
held in General Land Office v. U.S. Department of the Interior, that the U.S.
Fish and Wildlife Service (Service) improperly denied a petition to delist the
federally-endangered golden-cheeked warbler (Setophaga chrysoparia) (GCWA) by
holding the petition to an unlawfully heightened standard at the initial, 90-day
finding stage. As a result of the court’s ruling, the Service is required to
undertake a review of the GCWA delisting petition and make a 90-day finding as
to whether the petition presents ...

Continue
Tags: 12-Month Finding, 90-day finding, court decision, Delisting, Endangered,
Fifth Circuit, Petition, U.S. Fish and Wildlife Service
Groups Seek Permitting Requirement for Bird Deaths at Commercial Buildings
By Rebecca Hays Barho on 09.05.2024
Posted in Conservation, Fish & Wildlife Service, Migratory Bird, Regulatory
Reform


On September 4, 2024, the Center for Biological Diversity, along with more than
20 other groups, (collectively, CBD) delivered a petition (Petition) to the U.S.
Fish and Wildlife Service (Service) in which CBD requested the Service
promulgate regulations establishing a process, set of criteria, and other
requirements for permitting “take” of migratory birds as a result of colliding
with buildings. Specifically, the Petition requests the Service require permits
for new construction of buildings with glass facades or other features that
would foreseeably lead to ...

Continue
Tags: center for biological diversity, environmental regulations, Incidental
take, MBTA, migratory bird, permitting, Petition, U.S. Fish and Wildlife Service
EPA Releases Draft Insecticide Strategy to Reduce Impacts to ESA-listed Species
By Derek Kliewer on 07.30.2024
Posted in Conservation, Consultation, Critical Habitat, Endangered Species Act,
Fish & Wildlife Service, Litigation


On July 24, 2024, the Environmental Protection Agency (EPA) published its Draft
Insecticide Strategy to Reduce Exposure of Federally Listed Endangered and
Threatened Species and Designated Critical Habitats from the Use of Conventional
Agricultural Insecticides (Draft Insecticide Strategy). The purpose of the Draft
Insecticide Strategy is to identify and implement early mitigation measures to
address population-level impacts from the use of agricultural pesticides to
species listed under the Endangered Species Act (ESA).  The Draft Insecticide
Strategy was developed ...

Continue
Tags: Agriculture, center for biological diversity, compensatory mitigation,
Critical Habitat, endangered species act, EPA, Insect, pesticide, pesticide
registrations, Section 7, settlement
Relying on Loper, Fifth Circuit Sends Chevron-based decision Back to District
Court, calling ESG Rule into Question
By Sara Greenberg on 07.29.2024
Posted in Climate Change, Government Administration, Supreme Court, Texas


On July 18, 2024, the U.S. Court of Appeals for the Fifth Circuit (Fifth
Circuit) vacated a decision by the U.S. District Court for the Northern District
of Texas (District Court) that upheld the U.S. Department of Labor’s (DOL) 2022
environmental, social and governance (ESG) rule (ESG Rule). The ESG Rule, issued
pursuant to President Biden’s Executive Order, “Protecting Public Health and the
Environment and Restoring Science to Tackle the Climate Crisis,” allows Employee
Retirement Income Security Act (ERISA) fiduciaries to give weight to “the
economic effects of ...

Continue
Tags: APA, Biden Administration, chevron deference, Climate Crisis, Court,
District, executive order, Fifth Circuit, Public Health
Service Lists Suwannee Alligator Snapping Turtle as Threatened with a 4(d) Rule
By Samantha Savoni on 06.28.2024
Posted in Conservation, Critical Habitat, Endangered Species Act, Fish &
Wildlife Service, Listing

Alligator snapping turtle

On June 27, 2024, the U.S. Fish and Wildlife Service (Service) issued a final
rule listing the Suwannee alligator snapping turtle (Macrochelids suwanniensis)
as a threatened species with a 4(d) rule under the Endangered Species Act (ESA).

The Suwannee alligator snapping turtle is a large, freshwater turtle species
occurring in the Suwannee River basin in Florida and Georgia. The species’
listing follows a 2012 petition filed by the Center for Biological Diversity to
list 53 amphibians and reptiles, including the alligator snapping turtle
(Macrochelys temminckii), which, due ...

Continue
Tags: 4(d) rule, amphibian, center for biological diversity, Critical Habitat,
endangered species act, federal register, final rule, habitat, Incidental take,
Listing, listing petition, threatened species, turtle, U.S. Fish and Wildlife
Service
California’s “Room to Roam Act:” Factoring Wildlife Connectivity Into Land Use
Planning
By John O'Meara on 06.05.2024
Posted in Climate Change, Conservation, Construction Projects


Recently, the California Assembly passed Assembly Bill 1889, the “Room to Roam
Act.” If enacted without changes, the Room to Roam Act would amend Section 65302
of the Government Code to add certain “fish, wildlife, and habitat connectivity”
considerations to the provisions governing general plans for land use in
Californian cities and counties.

The bill’s passage in the Assembly is a significant development in efforts to
reform California’s land use and wildlife conservation policies, as the bill
would require local land use decisions to factor in wildlife movement ...

Continue
Tags: compensatory mitigation, Conservation Planning, environmental policy,
Government, habitat, Land Use, legislation, project development, Proposed,
Senate Bill, Wildlife
Dunes Sagebrush Lizard Earns Spot on Endangered Species List
By Rebecca Hays Barho on 05.20.2024
Posted in Climate Change, Conservation, Critical Habitat, Endangered Species
Act, Fish & Wildlife Service, Listing


On May 20, 2024, the U.S. Fish and Wildlife Service (Service) published a final
rule listing the dunes sagebrush lizard (Scleroperus arenicolus) (DSL) as
endangered (Final Rule) under the Endangered Species Act (ESA). In the Final
Rule, the Service identifies habitat loss and fragmentation of dunelands
associated with oil and natural gas production and frac sand mining as the
primary threat to the species, with climate change causing additional impacts.

The Service received more than 18,000 comments on its proposed rule to list the
DSL, with many urging the Service not to list the ...

Continue
Tags: CCAA, Climate Change, compensatory mitigation, conservation agreement,
Critical Habitat, Endangered, endangered species act, final rule, Gas, habitat,
Listing, oil, Threatened, U.S. Fish and Wildlife Service
Federal Appeals Court Upholds Vineyard Wind Approvals in Two Separate Appeals
05.07.2024
Posted in Alternative Energy, Conservation, Construction Projects, Endangered
Species Act, National Marine Fisheries Service, NEPA, Off Shore Wind, project


On April 24 and 25, 2024, the United States Court of Appeals for the First
Circuit unanimously upheld two federal district court decisions rejecting
challenges to the federal approvals for the Vineyard Wind offshore wind farm in
the cases of Nantucket Residents Against Turbines v. U.S. Bureau of Ocean Energy
Management (ACK RATs),[1] No. 23-1501, and Melone v. Coit et al., No. 23-1736.
Each of the cases challenged different aspects of the federal government’s
approvals for Vineyard Wind, but both argued that the project would harm the
endangered North Atlantic right whale ...

Continue
Tags: appeal, Biological Opinion, BOEM, Circuit, endangered species act, NEPA,
NMFS, North Atlantic Right Whale, offshore wind, project, Vineyard Wind, wind
energy
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Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and
policies affecting endangered species issues in California and throughout the
United States. Topics include listing and critical habitat decisions,
conservation and recovery planning, inter-agency consultation, and related
developments in law, policy, and science. We also inform readers about
regulatory and legislative developments, as well as key court decisions.


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