Impacts of Government Shutdown on Endangered Species

As reported earlier today by Emily Yehle of Greenwire, if the U.S. Government fails to avoid a government shutdown before tomorrow, a number of federal agencies, including the U.S. Environmental Protection Agency and U.S. Department of the Interior are planning to "pull the plug on their online presence."  (E&ENewsPM, Sept. 30, 2013).  You may ask, what other impacts will there be as a result of the impending government shutdown?  While, according to the Department of the Interior's website (pdf), as a general matter "Service employees will not continue to work" on court ordered deadlines for endangered species during the shutdown.  The Service does provide itself a bit of wiggle room, however, stating that "[i]n the limited circumstances where a court-ordered deadline is imminent, unless and until an extension is granted, Service employees on a case-by-case basis may be required to continue to work on these matters."  As for section 7 consultations and the National Environmental Policy Act, the website states that "Service employees would not be conducting any consultations, NEPA or other work of this nature until the governments reopens."    

  • Benjamin Z. Rubin
    Partner

    Ben Rubin is chair of Nossaman’s Environment & Land Use Group. Ben assists developers, public agencies, landowners and corporate clients on a variety of complex land use and environmental matters. He counsels clients on matters ...

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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