Posts tagged Section 404.
Federal Court Dismisses Fishing Industry Challenge to Massachusetts Offshore Wind Project
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Posted in Conservation, Construction Projects, Endangered Species Act, Litigation, National Marine Fisheries Service, NEPA, Off Shore Wind, project
Federal Court Dismisses Fishing Industry Challenge to Massachusetts Offshore Wind Project

On Thursday, October 12, 2023, Judge Indira Talwani of the U.S. District Court for the District of Massachusetts granted summary judgment in favor of the United States Department of the Interior and Vineyard Wind, and denied summary judgment to the plaintiffs in two cases challenging federal authorizations for the Vineyard Wind project: Seafreeze Shoreside, Inc. v. U.S. Department of Interior (Seafreeze) and Responsible Offshore Development Alliance v. U.S. Department of Interior (RODA). In both cases, the plaintiffs sought to overturn the federal approvals for the ...

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Tags: APA, BOEM, commercial fishing, construction, CWA, electric transmission, environmental litigation, ESA, Interior, Marine Mammal Protection Act, NEPA, NMFS, offshore wind, Section 404, U.S. Army Corps of Engineers, Vineyard Wind, wind energy
Biden Administration to Review Species Rules and Related Frameworks
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Posted in Conservation, Critical Habitat, Delisting, Fish & Wildlife Service, Listing, Migratory Bird, National Marine Fisheries Service, NEPA, Regulatory Reform, Water Issues
Biden Administration to Review Species Rules and Related Frameworks

On January 20, 2021, President Biden announced his administration will review regulatory actions taken between January 20, 2017 and January 20, 2021 in accordance with an Executive Order titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis” (EO). Among the agency actions to be reviewed under the EO are a number of regulations and policies finalized by the Trump Administration involving Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), and other related statutes.

An initial pre-publication announcement ...

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Tags: Biden Administration, BLM, Bureau of Land Management, Bureau of Land Management, central valley project, CEQ, clean water act, Climate Crisis, Council on Environmental Quality, Critical Habitat, CWA, endangered species act, ESA, executive order, Gray Wolf, Greater sage-grouse, habitat, Listing, MBTA, Migratory Bird Treaty Act, monarch butterfly, National Environmental Policy Act, National Marine Fisheries Service, Navigable Waters Protection Rule, NEPA, northern spotted owl, Public Health, Rivers and Harbors Act, Section 404, state water project, Trump Administration, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service

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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