Posts tagged environmental regulations.
New Jersey Federal Court Dismisses Challenge to Incidental Take Authorizations for Offshore Wind Projects

On February 29, 2024, the federal District Court for the District of New Jersey dismissed a challenge to eleven incidental take authorizations (ITAs) issued for offshore wind projects off the coasts of New York and New Jersey in the case of Save Long Beach Island v. United States Department of Commerce. The challenged ITAs had been issued by the National Marine Fisheries Service (NMFS) in 2022 and 2023 pursuant to the Marine Mammal Protection Act (MMPA), 16 U.S.C. § 1361 et seq. The Plaintiffs also challenged five pending applications for ITAs that had not yet been issued at the time they ...

U.S. Fish and Wildlife Service Establishes Expedited Eagle Permits

On February 12, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule creating new permitting pathways and revising existing regulations for the take of bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos). Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (BGEPA), which prohibits take of the species except pursuant to federal regulations. The updated rule is the result of a settlement agreement between the Service and the Energy Wildlife and Action Coalition, which prompted the Service to revisit its ...

Unified Agenda Forecasts Proposed and Final Listings and Critical Habitat Designations for Species Found in Eastern States

As previously reported, on December 6, the Biden Administration published the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), outlining the various regulatory and deregulatory actions the Biden Administration plans to take in the near future. Among the Unified Agenda entries are numerous U.S. Fish and Wildlife Service (Service) actions to propose or finalize endangered and threatened species listings and critical habitat designations under the Endangered Species Act (ESA). Below is a sampling of potential species listings and critical ...

Unified Agenda Forecasts Anticipated Timing of ESA Regulations

As we have previously reported, on December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda). The Unified Agenda, published twice a year, lists the upcoming rulemakings, policies, notices, revisions, and other actions that federal executive agencies plan to complete over the next several months. This most recent iteration of the Unified Agenda is notable in that it represents the slate of actions the Biden Administration hopes to complete in advance of a potential change in administrations … 

Western States Will See Species Listings, Critical Habitat Designations According to Unified Agenda

As we have previously reported, on December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which lists the regulatory and deregulatory actions that federal administrative agencies—including the U.S. Fish and Wildlife Service (Service)—plan to take in the coming year. According to the Unified Agenda, the western United States can expect a number of proposed and final rules to list species as threatened or endangered under the Endangered Species Act (ESA) and to designate critical habitat ...

Services Propose New Regulatory Revisions Under the Endangered Species Act

On June 22, 2023, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, the Services), issued three sets of proposed revisions to their Endangered Species Act (ESA) regulations addressing: (1) interagency consultations under ESA section 7; (2) the procedures and criteria for listing, reclassifying, delisting, and designating critical habitat for species under ESA section 4; and (3) reinstatement of USFWS’s blanket ESA section 4(d) rule which, prior to its repeal in 2019, extended the take prohibitions of ESA section 9 to all ...

Court Sends Endangered Species Act Regulations Back to the Agencies

On November 16, 2022, the U.S. District Court for the Northern District of California (District Court) remanded three sets of Endangered Species Act (ESA) regulations promulgated in 2019 under the Trump administration back to the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) for reconsideration. The three regulations addressed: how species are listed and delisted and critical habitat designated under ESA section 4; interagency consultation under ESA section 7; and a final rule repealing USFWS’s blanket ESA ...

9th Circuit Puts ESA Rules Vacatur on Hold

On September 21, 2022, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) stayed a July 5, 2022 order of the U.S. District Court for the Northern District of California (District Court) vacating several Endangered Species Act (ESA) regulations promulgated by the Trump Administration in 2019 (2019 Rules). In a brief order, the Ninth Circuit indicated the District Court “clearly” erred in vacating the 2019 Rules without first ruling on their underlying legal validity. As a result of the decision of the Ninth Circuit, the District Court’s vacatur of the 2019 Rules is ...

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 ...

Court Vacates Trump-Era ESA Regulations

On July 5, 2022, the U.S. District Court for the Northern District of California issued an order vacating three Trump-era regulations implementing the Endangered Species Act (“ESA”).

In 2019, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (collectively, the “Services”) issued three final rules (“2019 ESA Rules”) modifying how the Services implement the ESA, including: (1) a rule under section 4 of the ESA concerning how the Services list, delist, and reclassify endangered or threatened species and the criteria for ...

CEQ Finalizes First Phase of NEPA Revisions

The Council on Environmental Quality (CEQ) has finalized revisions to portions of the agency’s National Environmental Policy Act (NEPA) implementing regulations (Phase I Regulations), which had been revised in 2020 under the Trump Administration (2020 Regulations). CEQ received more than 90,000 public comments in response to its proposal to revise the 2020 Regulations. In its final Phase I Regulations, CEQ declined to make substantial changes to the version proposed.

CEQ has indicated that the Phase I Regulations represent a “narrow” set of changes to address the Biden ...

Department of the Interior Releases Hefty Agenda

On December 10, 2021, the Biden Administration released the Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which is a semi-annual compilation of information concerning regulations and policy under development by federal agencies. Department of the Interior (DOI) entries on the Unified Agenda reveal a lengthy set of planned regulatory actions, some of which may have an impact on development and deployment of energy, construction and operation of transportation and other infrastructure, and various other economic activities. … 

One Step Back for NEPA Regulations

On October 7, 2021, the Council on Environmental Quality (CEQ) will publish the first of two proposed rulemakings to revise National Environmental Policy Act (NEPA) regulations that had previously been updated in 2020 under the Trump Administration. As stated by CEQ in the proposal, the agency intends to “generally restore” NEPA regulations that were in place prior to the 2020 updates.

In this first phase of NEPA regulatory revisions, CEQ addresses the agency’s definition of “purpose and need,” the definition of “effects” of the action, and agency procedures for ...

WEBINAR: The First 100 Days of President Biden’s Environmental Policy: Revolution or Back to Basics?

The first 100 days of a new administration can define what lies ahead for the next four years. Join our panel of Nossaman Environment & Land Use attorneys from across the U.S. on April 15, 2021 from 11:00 a.m. – 12:30 p.m. PT as we review and evaluate the Biden administration’s first 100 days of policy moves involving environmental and natural resources management.

We will discuss efforts to fill leadership roles at CEQ, EPA, Interior, DOT and other federal agencies. Updates and analysis will be provided regarding key areas of policy, legislation and regulation, including:

  • Climate ...
WEBINAR: The New NEPA Regulations: A Practical Guide to What You Need to Know

In September 2020, the Council on Environmental Quality (CEQ) enacted new regulations that set forth procedures federal agencies are to utilize when implementing the National Environmental Policy Act (NEPA). Numerous commentaries published on the subject have either adopted a Chicken Little approach (i.e., sky is falling) to describing the changes, or an overly optimistic assessment of their likely implications for proponents of federal actions subjected to environmental review.

In order to understand these changes, please join our Environment and Land Use Group on ...

USFWS Proposes Rule Codifying “Critical Habitat” Exclusion Analysis

On September 8, 2020, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule codifying procedures for excluding areas of “critical habitat” under section 4 of the Endangered Species Act (ESA). ESA section 4(b)(2) provides discretionary authority to the USFWS and National Marine Fisheries Service (NMFS), as administrators of the ESA, to exclude certain areas from critical habitat designations for species within their purview. These agencies can exclude areas from a critical habitat designation where the agencies conclude the benefits of excluding the areas ...

PODCAST | Engage the Experts: The Shifting Landscape of Renewable Energy Development

We recently recorded a podcast as part of the Environmental Law Institute’s (ELI) People Places Planet Podcast series “Engage the Experts.” In our recent discussion entitled “The Shifting Landscape of Renewable Energy Development,” we discuss recent changes in environmental regulations and related court decisions that are impacting project development, as well as what this shifting terrain means for the development, expansion and maintenance of renewable energy technologies. Tune in to learn about what recent regulatory and judicial developments mean for ...

WEBINAR: Adapting Your Linear Infrastructure Projects to Changing Regulatory Frameworks

Please join us for a complimentary webinar on July 30, 2020 from 11:00 a.m. – 12:30 p.m. PT, where we will discuss the path for energy providers to move forward and reduce the risk that projects may be delayed or scrapped down the road. We will examine...

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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