Archives: Conservation

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Ninth Circuit Holds ESA Listing of Arctic Ringed Seal Is Not Arbitrary and Capricious Despite Lack of Existing Quantitative Data

On February 12, 2018, in Alaska Oil & Gas Association v. National Marine Fisheries Service, Case No. 16-35380, the U.S. Court of Appeals for the Ninth Circuit reversed a 2016 decision by the U.S. District Court for the District of Alaska that vacated a final regulation listing the Arctic subspecies of ringed seal (Phoca hispida hispida, Phoca … Continue Reading

Upcoming Pacific Northwest Timberlands Management Seminar to Provide Timely Updates from Top Timber Sector Practitioners

On March 16, 2018, Nossaman Environment and Land Use Law Partner Svend Brandt-Erichsen will be serving as a member of the faculty for The Seminar Group’s CLE and Foresters program Pacific Northwest Timberlands Management: Regulations, Litigation, and Business Considerations.  The full conference, held from March 15-16, 2018, at the Portland, Oregon World Trade Center, will … Continue Reading

NMFS Lists Oceanic Whitetip Shark as Threatened Species

On January 30, 2018, the National Marine Fisheries Service (NMFS) issued a final rule listing the oceanic whitetip shark (Carcharinus lonigmanus) as a threatened species under the Endangered Species Act (ESA).  This final listing rule is the culmination of NMFS’ analysis following the 2015 petition filed by Defenders of Wildlife seeking to either list the … Continue Reading

Ninth Circuit Rules Migratory Bird Treaty Act Permits Take of Barred Owl to Study Impacts on Conservation of Threatened Northern Spotted Owl

In a recent decision, the U.S. Court of Appeals for the Ninth Circuit affirmed (pdf) that the U.S. Fish and Wildlife Service’s (Service) permit allowing take of the barred owl (Strix varia) to protect the threatened Northern spotted owl (Strix occidentalis caurina) did not violate the Migratory Bird Treaty Act (MBTA).  The U.S. District Court … Continue Reading

Hot Topics in Avian Protection

Nossaman LLP’s own Steven P. Quarles and Brooke M. Wahlberg are co-chairing CLE International’s upcoming 2nd Annual MBTA and BGEPA:  Hot Topics in Avian Protection conference.  This timely, in-person CLE will explore the complexities of federal wildlife laws and rules to protect migratory birds and eagles under the Migratory Bird Treaty Act (MBTA) and the Bald … Continue Reading

U.S. Fish & Wildlife Finalizes First-Ever ESA Compensatory Mitigation Policy

On December 27, 2016, the U.S. Fish & Wildlife Service (FWS) issued its final Endangered Species Act (ESA) Compensatory Mitigation Policy (Policy) – the first policy to comprehensively address compensatory mitigation under the ESA.  The Policy applies to all forms of compensatory mitigation involving ESA compliance required or recommended by FWS, including conservation banks, in-lieu … Continue Reading

Comment Period Open on City of San Diego Vernal Pool HCP

On December 23, 2016, the U.S. Fish and Wildlife Service published a notice of availability and request for public comment in the Federal Register with respect to the draft Environmental Impact Report/Statement (EIR/S) for the City of San Diego Vernal Pool Habitat Conservation Plan (VPHCP).  Comments are due by February 21, 2017.  The species covered … Continue Reading

Second-Ever Eagle Programmatic Take Permit Soon To Be Granted For California Wind Energy Facility

On November 1, 2016 the U.S. Fish and Wildlife Service (Service) announced its plan to issue what will be only the second programmatic eagle take permit under the Bald and Golden Eagle Protection Act (BGEPA) permit program since the program’s establishment in 2009.  Programmatic permits may be sought to authorize eagle take that is associated with, but is not … Continue Reading

U.S. Fish and Wildlife Service Lists Two Species, Designates Critical Habitat for One Species

On October 5, 2016, the U.S. Fish and Wildlife Service (Service) listed a beetle species as endangered, a fish species as threatened, and designated critical habitat for the fish species pursuant to the Endangered Species Act (ESA). The Service listed the Miami tiger beetle (Cicindelidia floridana), which occurs in Miami-Dade County, Florida, as endangered under … Continue Reading