• Posts by Emi Lemberg
    Associate

    Emi Lemberg's practice focuses on the Endangered Species Act (ESA), the Clean Water Act (CWA) and the California Environmental Quality Act (CEQA). Her work includes environmental permitting compliance and litigation matters.

Comment Period Closing Soon on the Proposed Listing of Two California Salamanders

The U.S. Fish & Wildlife Service (USFWS) has reopened the public comment period on its proposals to list the Kern Canyon slender salamander (Batrachoseps simatus) and the relictual slender salamander (Batrachoseps relictus) under the Endangered Species Act (ESA), designate critical habitat for both species, and establish a section 4(d) rule for the Kern Canyon slender salamander.

USFWS states that the reopened comment period will remain open until August 6, 2026, and is intended to solicit feedback on a new exception to the proposed 4(d) rule, its consideration of the ...

On April 16, 2026, the California Fish and Game Commission voted unanimously to designate Bendire’s thrasher (Toxostoma bendirei) and LeConte’s thrasher (Toxostoma lecontei) as candidate species under the California Endangered Species Act (CESA). Candidate status triggers full CESA protections while the California Department of Fish and Wildlife (CDFW) completes a status review and the Commission considers whether to formally list the species as threatened or endangered.

This post summarizes the legal effect of the Commission’s decision, the procedural posture of ...

What the Department of the Interior's Rescission of NEPA Regulations Means for ESA Consultation

On February 24, 2026, the Department of the Interior (DOI) rescinded most of its regulations implementing the National Environmental Policy Act (NEPA). The rescission may change how DOI conducts analysis for projects that require both NEPA and Endangered Species Act (ESA) analysis. The following questions and answers provide context for what this action means and its potential impacts.

What is NEPA?

The National Environmental Policy Act (NEPA) is a federal statute that requires Federal agencies to assess the environmental effects of proposed major Federal actions. 42 U.S.C ...

On June 27, 2024, the U.S. Fish and Wildlife Service (Service) issued a final rule listing the Suwannee alligator snapping turtle (Macrochelids suwanniensis) as a threatened species with a 4(d) rule under the Endangered Species Act (ESA).

The Suwannee alligator snapping turtle is a large, freshwater turtle species occurring in the Suwannee River basin in Florida and Georgia. The species’ listing follows a 2012 petition filed by the Center for Biological Diversity to list 53 amphibians and reptiles, including the alligator snapping turtle (Macrochelys temminckii), which, due ...

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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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