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ENDANGERED SPECIES LAW & POLICY

U.S. Fish and Wildlife Service to Review Status of 38 Southwest Species
By Rebecca Hays Barho on 11.15.2024
Posted in Conservation, Construction Projects, Consultation, Delisting,
Endangered Species Act, Fish & Wildlife Service, Listing, Texas


Today, the U.S. Fish and Wildlife Service (Service) announced it had opened
status reviews for 38 species of plants, wildlife, and fish endemic to Texas,
New Mexico and Arizona (Southwest Species). Section 4(c) of the Endangered
Species Act (ESA) requires the Service to evaluate the status of species listed
as threatened and endangered at least once every five years (5-year Review) and
determine, based on that evaluation, whether any such species should be
delisted, downlisted (from endangered to threatened), … 

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Tags: 5-Year Review, Arizona, beetle, Delisting, downlisting, endangered
species, endangered species act, federal register, Fish, GILA TOPMINNOW, Plants,
reclassify, Salamander, Section 4, shiner, Southwestern, springsnail, status
review, threatened species, U.S. Fish and Wildlife Service, Wildlife,
Yellow-Billed Cuckoo
U.S. Fish and Wildlife Service Issues Final Northern Long-eared Bat and
Tricolored Bat Guidance
10.29.2024
Posted in Alternative Energy, Conservation, Construction Projects, Consultation,
Endangered Species Act, Fish & Wildlife Service, Listing, Timberland


On Wednesday, October 23, 2024, the U.S. Fish and Wildlife Service (Service)
released final guidance and tools (Final Guidance) to assist project proponents
with Endangered Species Act (ESA) compliance with respect to the northern
long-eared bat (Myotis septentrionalis) (NLEB) and the tricolored bat
(Perimyotis subflavus) (TCB). The Final Guidance includes: (1) a step-by-step
consultation guidance document which outlines a voluntary approach to streamline
ESA section 7 consultation for the NLEB and/or TCB for project types other than
wind turbine operation and ...

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Tags: Bat, Consultation, endangered species, endangered species act, Final,
final rule, forest management, Guidance, Listing, Northern, project, Proposed
Rule, Range, tri-colored bat, U.S. Fish and Wildlife Service, wind energy
Early Lessons from Klamath Dam Removal Efforts
By Paul Weiland on 10.21.2024
Posted in Alternative Energy, Climate Change, Conservation, Construction
Projects, Endangered Species Act, project, Water Issues


On October 20, 2024, I published a post on the Center for California Water
Resources Policy and Management’s DeltaCurrents blog discussing early lessons
from the Klamath Dam Removal Project. The removal of four hydroelectric dams on
the lower Klamath River is the most ambitious dam removal effort in the history
of the United States.

While the jury is still out with respect to the effort’s success when measured
in terms of increased salmonid abundance, there are lessons to be learned now
regarding characterization of science pertaining to policy both by scientists in
the ...

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Tags: Center for California Water Resources Policy and Management, clean
narratives, dams, DeltaCurrents, hydroelectric, infrastructure, Klamath River,
Salmonid
Room to Roam Act Becomes Law
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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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
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 ...

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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 ...

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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
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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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