Yesterday, a Republican Senator from Texas, John Cornyn, introduced a bill (pdf) that would prohibit the U.S. Fish and Wildlife Service from settling environmental lawsuits without first publishing the complaint "in a readily accessible manner, including electronically," and allowing "affected parties" an opportunity to intervene. The bill further provides that the filing of any motion to dismiss or for entry of a consent decree based on a settlement agreement shall be prohibited until after affected parties have had a "reasonable opportunity" to intervene. Should a ...
In a unanimous panel decision, the United States Court of Appeals for the Fourth Circuit held (pdf) that a biological opinion issued by the National Marine Fisheries Service (NMFS) regarding the effects of three pesticides on certain salmonids was not the product of reasoned decision-making. The Fourth Circuit refused to silently rubber stamp an agency decision where NMFS failed to provide a satisfactory explanation for key aspects of that decision. Further, the court refused to allow NMFS to offer post hoc rationalizations for its decision in the form of an expert affidavit and ...
On February 20, 2013, the U.S. Fish and Wildlife Service (Service) issued a final special rule (pdf) to manage the polar bear (Ursus maritimus), which is listed as threatened under the Endangered Species Act (ESA). The rule effectively maintains the management and conservation framework that has been in effect for the polar bear since it was first listed under the ESA in 2008.
The rule states that activities outside the polar bear’s habitat are not subject to ESA incidental take prohibitions. According to the Service, the rule avoids redundant regulation under the ESA by adopting ...
The U.S. Fish and Wildlife Service (FWS) designated (pdf) approximately 9,600 acres as critical habitat for the endangered Coachella Valley milk vetch (Astragalus lentifinosus var. coachellae). The critical habitat designation covers four areas within the greater Coachella Valley area near Palm Springs, California.
As a result of the designation, federal agencies must consult with FWS under the Endangered Species Act regarding the impacts of federal actions on the plant species within the designated area. The ruling does not directly affect private land ownership.
On February 6, 2013, the California Fish and Game Commission (Commission) voted to make the great white shark (Carcharodon carcharias) a candidate for protection under the California Endangered Species Act (CESA). The Commission determined that listing the species as threatened or endangered under CESA may be warranted, and initiated a one-year comprehensive review to evaluate the status of the species. Based on this review, the Commission will make a final decision next year regarding whether to list the species. The species will receive protection under CESA while the ...
In Sierra Club v. Kenna, 2013 U.S. Dist. LEXIS 4743, *1 (January 11, 2013), the United States District Court for the Eastern District of California upheld (pdf) the Bureau of Land Management’s (BLM) grant of right-of-way over federal land, providing a wind energy project - located entirely on private land - access to a state road and other essential infrastructure. The plaintiffs challenged BLM’s action on the grounds that BLM failed to consider impacts to bird species listed under the federal Endangered Species Act (ESA) caused by the operation of the wind turbines.
A wind energy ...
As recently reported by a number of news agencies, President Obama will nominate Sally Jewell, the Chief Executive Officer of REI, to be the next Secretary of the Interior. If the nomination is approved by the Senate, she will be replacing a vacancy created by Ken Salazar, who announced in January that he will be stepping down at the end of March. It is anticipated that President Obama will make the announcement this afternoon.
In Northwest Coalition for Alternatives to Pesticides v. U.S. Environmental Protection Agency, 2013 U.S. Dist. LEXIS 11955, *1 (Jan. 28, 2013), the United States District Court for the Western District of Washington held (pdf) that claims arising under the citizen suit provision of the Endangered Species Act (ESA) are not subject to the strictures of the record review doctrine. The court held that, since the ESA citizen suit provision creates an express, adequate remedy at law, and the Administrative Procedure Act (APA) only applies when there is no other adequate remedy in court ...
On January 31, 2013, the National Marine Fisheries Service (NMFS) issued a proposed rule to regulate the impact of United States Navy exercises on marine mammals. The rule would affect areas off the Southern California, Atlantic, and Hawaiian coastlines.
The proposed rule is in response to the Navy’s request for authorization to incidentally take (e.g., harm or kill) 62 species of marine mammals as a result of training exercises. The proposed rule would authorize over 31 million takes during a five-year period.
All of the 62 species at issue are protected under the Marine ...
On February 1, 2013, the U.S. Fish and Wildlife Service announced its proposal to list the wolverine (Gulo gulo luscus) as a threatened species under the Endangered Species Act. The proposed listing is the result of a court-ordered deadline established by a controversial settlement between the Service and two environmental organizations. (See our posts from January 4 and January 14 for a discussion of this controversy.)
The wolverine resembles a small bear. Adults weigh between 17 and 40 pounds. The range of the species includes portions of California, Colorado, Idaho, Montana ...
On January 25, 2013, the United States Fish and Wildlife Service (Service) published a proposed rule (pdf) to list the Zuni bluehead sucker (Catostomus discobolus yarrowi) as endangered under the Endangered Species Act (ESA). The sucker had been on the candidate list since 2001, when the Service determined that the species warranted protection under the ESA, but listing was precluded by higher priority listing activities.
The Zuni bluehead sucker has a torpedo-shaped body and bluish head. The average length of a mature fish is approximately 200 centimeters (8 ...
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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