Monthly Archives: December 2011

Federal and State Officials Propose Modifications to the Bay Delta Conservation Plan’s Memorandum of Agreement

Federal and state officials have issued proposed changes to the Bay Delta Conservation Plan’s (BDCP) Memorandum of Agreement (MOA) to address public comments concerning the language of the MOA and the need for meaningful public involvement in the BDCP process. The U.S. Bureau of Reclamation (Reclamation) and the California Department of Water Resources (DWR) issued … Continue Reading

Black-Backed Woodpecker Named A Candidate

As recently reported by Matt Weiser of the Sacramento Bee, on December 15, 2011, the California Fish and Game Commission named the black-backed woodpecker (Picoides arcticus) a candidate species.  Under the California Endangered Species Act, the Department of Fish and Game now has 12 months to complete a status review of the species "based on the best scientific … Continue Reading

Services Issue Notice of Controversial New Interpretation of Threatened and Endangered Species

Today, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) published a notice of proposed rulemaking (PDF) in the Federal Register that will, if adopted, change the Services’ standards for listing and delisting species as threatened or endangered under the Endangered Species Act (ESA).  See Draft Policy on Interpretation of the Phrase … Continue Reading

Federal Court Denies Cross Motions for Summary Judgment in Whooping Crane Case; Matter Heads to Trial

The United States District Court for the Southern District of Texas issued a decision (pdf) denying cross motions for summary judgment in a case brought by a non-profit group against State officials in Texas alleging violation of the Endangered Species Act’s (ESA) prohibition on take of the federally listed whooping crane (Grus americana). Plaintiffs allege … Continue Reading

Congress To Re-Examine Endangered Species Act

The House of Representatives Natural Resources Committee is scheduled to hold a hearing on December 6, 2011 regarding the Endangered Species Act (ESA). The hearing is expected to focus on how litigation involving the ESA is costing jobs, impacting the economy, and preventing species recovery. According to Rep. Doc Hastings (R-Wash.), the committee’s chairman, the … Continue Reading