• Posts by Sara F. Greenberg
    Associate

    Sara Greenberg assists in advising clients on environmental and land use matters involving the Comprehensive Environmental Response, Compensation and Liability Act, the Clean Water Act, the Endangered Species Act, the ...

On August 23, 2022, the U.S. Fish and Wildlife Service (Service) issued a notice in response to petitions seeking to list, delist, or revise the critical habitat of four species under the Endangered Species Act (ESA). The Service found the petitions to list the Fish Lake Valley tui chub (Siphateles bicolor ssp. 4) and to delist the southern sea otter (Enhydra lutris nereis) “present substantial scientific or commercial information indicating that the petitioned actions may be warranted,” and are therefore initiating status reviews to determine whether to list and delist the species, respectively. …

U.S. Fish and Wildlife Service Seeks Input On Conservation Banking Rules

On July 27, 2022, the U.S. Fish and Wildlife Service (Service) published an advance notice of proposed rulemaking (ANPR) seeking comment on species conservation banking. Species conservation banking gives developers and other entities the opportunity to mitigate potential harm to wildlife by allowing them to purchase habitat or species credits from bank owners. The ANPR is a result of a provision in the 2021 National Defense Authorization Act (NDAA) that required the Service to issue regulations for species conservation banking programs. Although the ANPR stems from the NDAA ...

Habitat Definition No Longer Applies in Critical Habitat Designations

On June 24, 2022, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, Services) published a final rule rescinding the Trump administration’s 2020 final rule defining “habitat” for the purpose of informing designation of areas as “critical habitat” (2020 Rule) under the Endangered Species Act (ESA). In rescinding the definition of “habitat,” the Services explained they were removing an “excessive constraint” on the agencies’ ability to designate critical habitat under the ESA. Specifically, the Services ...

Listing Decision on Western Joshua Tree Delayed by Tied Vote

On June 16, 2022, a vote by the California Fish and Game Commission (Commission) on whether the Western Joshua tree (Yucca brevifolia) should be listed as threatened under the California Endangered Species Act (CESA) resulted in a 2-2 tie. Pursuant to the Commission’s rules, the Western Joshua tree will remain a “candidate” under CESA and the issue will be taken up again at a subsequent Commission meeting. The Commission will take up the Western Joshua tree’s listing status at the agency’s October 12-13, 2022 meeting and will re-open the comment period on the species’ ...

On February 9, 2022, the U.S. District Court for the District of Colorado found that the Bureau of Land Management (BLM) violated the Endangered Species Act (ESA) when it failed to reinitiate consultation with the U.S. Fish and Wildlife Service (Service) prior to approving oil and gas leases. BLM had issued the leases for parcels of land in Southwest Colorado located within Gunnison sage-grouse (Centrocercus minimus) habitat and other proposed and existing areas of environmental concern.

The ESA requires federal agencies to review federal actions “at the earliest possible time ...

U.S. Fish and Wildlife Service Proposes Listing Small Butterfly as Endangered

On January 25, 2022, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to list the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti) as endangered under the Endangered Species Act (ESA).

The Sacramento Mountains checkerspot butterfly is a small butterfly with dark brown, red, orange, and cream coloring, punctuated by black spots and dark lines, on its wings. The butterfly is a subspecies of the Anicia checkerspot, or variable checkerspot, in the Nymphalidae family, and is native to the Sacramento Mountains in south-central New ...

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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