Archives: Critical Habitat

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Settlement Eliminates 1,500 Acres of Designated Dusky Gopher Frog Critical Habitat

The U.S. Fish and Wildlife Service (Service) and a group of landowners recently settled long-running litigation regarding the Service’s designation of approximately 1,500 acres of private land as critical habitat for the dusky gopher frog (Rana sevosa).  The Service designated the private land in Louisiana as critical habitat in 2012.  Weyerhaeuser Co. and local landowners … Continue Reading

FWS Proposes Listing “Madtom” and “Waterdog”

On May 22, 2019, the U.S. Fish and Wildlife Service (FWS) announced a proposal to list two intriguing North Carolina aquatic species under the Endangered Species Act (ESA). The FWS was spurred to act in part by a 2010 petition and subsequent litigation from environmental organizations to list over 400 aquatic species found in the … Continue Reading

Endangered Species Act Spring Round Up

Over the last few weeks, besides proposing to remove the gray wolf (Canis lupus) from the List of Endangered and Threatened Species (which we covered here), the U.S. Fish and Wildlife Service (“Service”) has made a few other moves related to the Endangered Species Act (“ESA”). On Monday, April 8, 2019, the Service published a … Continue Reading

Frogs or Freedom?

Nossaman Environment & Land Use Partner Brooke Wahlberg recently participated in a panel at the Texas Public Policy Foundation’s 2019 Policy Orientation entitled “Frogs or Freedom: Are New Limitations Coming for the Endangered Species Act?”  Ms. Wahlberg’s segment addressed the U.S. Supreme Court’s ruling in Weyerhaeuser v. U.S. Fish and Wildlife Service and how the … Continue Reading

Resolve to Learn More About Endangered Species and the Environment with Nossaman in 2019!

Nossaman’s Environmental Practice attorneys will be off to a great start in 2019 presenting at many key events around the U.S. focused on endangered species and environmental issues. First, on January 10th, Austin-based Environment & Land Use Partner Brooke Wahlberg will speak at the Texas Public Policy Foundation’s 2019 Policy Orientation in Austin.  Brooke’s presentation … Continue Reading

Fish and Wildlife Service Proposes Critical Habitat for Sonoyta Mud Turtle

The U.S. Fish and Wildlife Service (Service) has proposed (pdf) to designate approximately 12.28 acres of critical habitat for the Sonoyta mud turtle (Kinosternon sonoriense longifemorale) in Pima County, Arizona.  The proposed critical habitat would be located entirely within the Organ Pipe Cactus National Monument. The Service previously issued a final rule listing the species … Continue Reading

Supreme Court Rules ESA Critical Habitat Must Be Habitat For Listed Species

On November 27, 2018, the U.S. Supreme Court ruled that an area is eligible to be designated as “critical habitat” under the Endangered Species Act (ESA) only if the area is habitat for the relevant threatened or endangered species.  Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, Dkt. No. 17-71.  The Court vacated the U.S. … Continue Reading

U.S. Fish and Wildlife Service Lists Candy Darter as Endangered

On November 21, 2018, the U.S. Fish and Wildlife Service (“Service”) published a final rule listing the candy darter (Estheostoma osburni) as endangered and proposing critical habitat for the species.  The candy darter is a small, freshwater fish species native to Virginia and West Virginia.  The Service’s announcement finalizes its proposed rule to list the … Continue Reading

Endangered Species Act Litigation Round-Up

The last several days have seen a flurry of activity in the federal courts in matters involving the Endangered Species Act (ESA): In Crown Indian Tribe v. United States, CV 17-89-M-DLC, the U.S. District Court for the District of Montana vacated (pdf) a June 30, 2017 final rule issued by the U.S. Fish and Wildlife … Continue Reading
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