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On February 24, 2026, the Department of the Interior (DOI) rescinded most of its regulations implementing the National Environmental Policy Act (NEPA).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 ...

Mountain Lions Protected Under the California Endangered Species Act

On February 12, 2026, the California Fish and Game Commission (Commission) voted 3-0 to list mountain lions (Puma concolor) in Southern and Central California as endangered under the California Endangered Species Act (CESA).  The listing decision is based on concerns that the mountain lion population in Southern and Central California could become extinct in the foreseeable future due to fragmented habitat, barriers to movement, and human removal.  Mountain lions are now protected from take without a permit in the affected region, which includes the counties of Ventura, Los ...

Leadership Transition at California Department of Fish and Wildlife

Longtime California Department of Fish and Wildlife (CDFW) Director Charlton “Chuck” Bonham recently stepped down after 15 years at the helm. His departure marks the end of the longest tenure in the Department’s 150‑year history. CDFW has principal responsibility to implement California’s wildlife laws, including the California Endangered Species Act, Natural Community Conservation Planning Act, Lake and Streambed Alteration Program, and California’s fully protected species statutes.

Bonham left his post to join The Nature Conservancy as its California ...

What the Court Decision Invalidating the Federal Wind Energy Moratorium Means for Renewable Energy

On December 8, 2025, a Massachusetts Federal District Court struck down federal agency resistance to permitting wind energy projects. The court granted summary judgment to seventeen states and Alliance for Clean Energy New York and vacated what the court referred to as the federal agencies’ “Wind Order.”

The agencies implemented the Wind Order in response to a Presidential Memorandum issued on January 20, 2025, entitled Temporary Withdrawal of All Areas on the Outer Continental Shelf From Offshore Wind Leasing and Review of the Federal Government’s Leasing and ...

ESA Regulations: Consultation

On November 21, 2025, the U.S. Fish & Wildlife Service and National Marine Fisheries Service (collectively, the Services) published several proposed rules to revise their regulations implementing certain provisions of the Endangered Species Act (ESA). To a substantial extent, the Services are proposing to return to the regulations put in place by the first Trump Administration in its prior rulemakings and thereby undo the changes put in place by the Biden Administration. This is the fourth in a series of blog posts that will briefly describe each proposed rule. The notice states ...

ESA Regulations: Blanket 4(d) Rule

On November 21, 2025, the U.S. Fish & Wildlife Service and National Marine Fisheries Service (collectively, the Services) published several proposed rules to revise their regulations implementing certain provisions of the Endangered Species Act (ESA). To a substantial extent, the Services are proposing to return to the regulations put in place by the first Trump Administration in its prior rulemakings and thereby undo the changes put in place by the Biden Administration in its prior rulemakings. This is the third in a series of blog posts that will briefly describe each proposed ...

ESA Regulations: Critical Habitat Exclusion Analysis

On November 21, 2025, the U.S. Fish & Wildlife Service and National Marine Fisheries Service (collectively, the Services) published several proposed rules to revise their regulations implementing certain provisions of the Endangered Species Act (ESA). To a substantial extent, the Services are proposing to return to the regulations put in place by the first Trump administration in its prior rulemakings and thereby undo the changes put in place by the Biden administration in its prior rulemakings. This is the second in a series of blog posts that will briefly describe each proposed ...

ESA Regulations: Listing and Critical Habitat

On November 21, 2025, the U.S. Fish & Wildlife Service and National Marine Fisheries Service (collectively, the Services) published several proposed rules to revise their regulations implementing certain provisions of the Endangered Species Act (ESA). To a substantial extent, the Services are proposing to return to the regulations put in place by the first Trump administration in its prior rulemakings and thereby undo the changes put in place by the Biden administration in its prior rulemakings. This is one in a series of blog posts that will briefly describe each proposed rule ...

Endangered Species Act Conference in Seattle

Paul Weiland will be speaking on a panel on “Agency Happenings” at the 33rd Annual Endangered Species Act Conference in Seattle, Washington. The conference, organized by the Seminar Group, will be January 29 and 30, 2026 at the Courtyard Marriott at Pioneer Square. As the premier Endangered Species Act (ESA) conference in the Pacific Northwest, the conference includes faculty who are leading practitioners in the field of federal wildlife law and policy.

The conference spans a day and a half and provides the latest and most important information on ESA compliance. Panel topics ...

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.

Stay Connected

RSS RSS Feed

Categories

Archives

View All Nossaman Blogs
Jump to Page

Nossaman LLP Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek