Archives: Regulatory Reform

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Senator Barrasso Continues Efforts to Modernize the Endangered Species Act

The most comprehensive Endangered Species Act (“ESA”) bill of this Congressional session made its debut on July 2, 2018 when Senator John Barrasso (R-Wyo.), Chairman of the Senate Environment and Public Works (“EPW”) Committee, released a discussion draft of a bill proposing sweeping revisions to the ESA.  The discussion draft is a culmination of activity … 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

Department of the Interior Revises Interpretation of Migratory Bird Take Prohibition

On December 22, 2017 the Department of the Interior (“DOI”) Solicitor’s Office issued its revised interpretation of the Migratory Bird Treaty Act’s (“MBTA”) prohibition on the take of migratory bird species.  Official opinions from the DOI Solicitor’s Office are known as “M Opinions” and carry substantial weight in how DOI applies and enforces the various … Continue Reading

Administration Announces Comprehensive Revisions to Endangered Species Act Implementing Regulations

In the Fall 2017 publication of the Unified Agenda of the Office of Information and Regulatory Affairs, the Department of the Interior announced its intent to revise the U.S. Fish and Wildlife Service’s regulations governing interagency cooperation and exceptions to the conservation of endangered and threatened species of fish, wildlife, and plants. In a separate announcement in … Continue Reading

Department of the Interior Announces Actions to Expedite Energy Development with Potential Consequences for Listed Species

On October 25, 2017, the U.S. Department of the Interior (DOI) released a report entitled “Review of the Department of the Interior Actions that Potentially Burden Domestic Energy” identifying agency actions that potentially burden the development or use of domestic energy resources.  This report, generated in response to Executive Order 13783, identifies several “costly and … Continue Reading

Executive Order Aims to Streamline Environmental Permitting of Infrastructure Projects

In furtherance of the administration’s broad infrastructure initiative, President Trump on August 15 signed an executive order (EO) entitled “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects.”  The EO directs federal agencies to make coordinated, predictable, transparent, and timely decisions with the goal of completing all federal environmental reviews and authorization decisions … Continue Reading

Secretary Zinke Orders Review of Sage-grouse Management Plans

On June 8th, 2017, Department of Interior (DOI) Secretary Ryan Zinke signed Secretarial Order 3353, entitled “Greater Sage-Grouse Conservation and Cooperation with Western States.”  This Order initiates the assessment of both federal and state-led conservation efforts related to the greater sage-grouse and establishes a review panel to undertake the evaluation. The review panel will then … Continue Reading

White House Chief of Staff Orders Freezing of Pending Regulations

On January 20, 2017, Reince Priebus, the White House Chief of Staff and Assistant to the President, issued a memorandum to the heads of all executive departments and agencies ordering them to freeze the processing of all regulations.  The stated intent of this action is to ensure that “the President’s appointees or designees have the … Continue Reading

New Administration Means Big Changes for Endangered Species

The election of Donald Trump as President, together with Republican majorities in the House and Senate, is likely to lead to important policy changes across a range of issues. While administration of the Endangered Species Act and other federal wildlife laws has not been high profile during the election season, it is an issue area … Continue Reading
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