Endangered Species Law & Policy

Recently, the California Assembly passed Assembly Bill 1889, the “Room to Roam Act.” If enacted without changes, the Room to Roam Act would amend Section 65302 of the Government Code to add certain “fish, wildlife, and habitat connectivity” considerations to the provisions governing general plans for land use in Californian cities and counties.

The bill’s passage in the Assembly is a significant development in efforts to reform California’s land use and wildlife conservation policies, as the bill would require local land use decisions to factor in wildlife movement ...

On May 7, 2021, the U.S. Fish and Wildlife Service (USFWS), as many anticipated, published a proposed rule to revoke a Trump Administration rule impacting the scope of the Migratory Bird Treaty Act (MBTA).  The Trump Administration rule was finalized on January 7, 2021 and became effective March 8, 2021.  It clarified that the MBTA’s prohibition against the take of migratory birds did not extend to death or injury of migratory birds that results from, but is not the purpose of, an action (also known as incidental take).  Prior to the Trump Administration Rule, USFWS had, for decades ...

On January 31, 2013, the National Marine Fisheries Service (NMFS) issued a proposed rule to regulate the impact of United States Navy exercises on marine mammals.  The rule would affect areas off the Southern California, Atlantic, and Hawaiian coastlines.

The proposed rule is in response to the Navy’s request for authorization to incidentally take (e.g., harm or kill) 62 species of marine mammals as a result of training exercises.  The proposed rule would authorize over 31 million takes during a five-year period.

All of the 62 species at issue are protected under the Marine ...

Today, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) published a notice of proposed rulemaking (PDF) in the Federal Register that will, if adopted, change the Services' standards for listing and delisting species as threatened or endangered under the Endangered Species Act (ESA).  See Draft Policy on Interpretation of the Phrase ‘‘Significant Portion of Its Range’’ in the Endangered Species Act’s Definitions of ‘‘Endangered Species’’ and ‘‘Threatened Species.’’ 76 Fed. Reg. 76,987 (Dec. 9, 2011). 

Under the ...