Endangered Species Law & Policy

On Wednesday, October 23, 2024, the U.S. Fish and Wildlife Service (Service) released final guidance and tools (Final Guidance) to assist project proponents with Endangered Species Act (ESA) compliance with respect to the northern long-eared bat (Myotis septentrionalis) (NLEB) and the tricolored bat (Perimyotis subflavus) (TCB). The Final Guidance includes: (1) a step-by-step consultation guidance document which outlines a voluntary approach to streamline ESA section 7 consultation for the NLEB and/or TCB for project types other than wind turbine operation and ...

On February 28, 2023, I published a post on the Center for California Water Resources Policy and Management’s DeltaCurrents blog discussing Species Status Assessments (SSAs) as a tool to facilitate implementation of the federal Endangered Species Act (ESA). The U.S. Fish and Wildlife Service (Service) describes the SSA framework as “an analytical approach developed . . . to deliver foundational science for informing all [ESA] decisions.” The Service has explained it intends SSAs to provide “focused, repeatable, and rigorous scientific assessment” that results in ...

In the last few weeks, the U.S. Fish and Wildlife Service (Service) has published several major regulatory actions affecting federal avian protections.  The Service has repealed a Trump-era rule that excluded incidental take from liability under the Migratory Bird Treaty Act (MBTA), issued guidance for enforcement of the MBTA against incidental take, and invited comment on a potential MBTA permitting program.  Separately, the Service has invited comment on ways to improve its existing permitting program for the incidental take of eagles (Eagle Permit Program). … 

U.S. Fish and Wildlife Service (USFWS) Principal Deputy Director Greg Sheehan recently issued a guidance memorandum to USFWS’ Regional Directors to clarify the appropriate trigger for an incidental take permit (ITP) under the Endangered Species Act (ESA).  While this guidance was directed internally to USFWS staff to aid in determination of whether project-related habitat modification is likely to result in take of a listed species, it also serves as a tool for project proponents to determine whether to seek an ITP and whether to cover a given species in that ITP.

The guidance ...