Endangered Species Law & Policy

On July 24, 2024, the Environmental Protection Agency (EPA) published its Draft Insecticide Strategy to Reduce Exposure of Federally Listed Endangered and Threatened Species and Designated Critical Habitats from the Use of Conventional Agricultural Insecticides (Draft Insecticide Strategy). The purpose of the Draft Insecticide Strategy is to identify and implement early mitigation measures to address population-level impacts from the use of agricultural pesticides to species listed under the Endangered Species Act (ESA).  The Draft Insecticide Strategy was developed ...

Today, the U.S. Fish and Wildlife Service (Service) and Center for Biological Diversity entered into a settlement agreement wherein the Service agreed to submit to the Federal Register final listing decisions on the following six mussel species no later than May 23, 2024:

• Texas fatmucket (Lampsilis bracteate);
• Guadalupe fatmucket (Lampsilis bergmanni);
• Texas fawnsfoot (Truncilla macrodon);
• Texas pimpleback (Cyclonaias (= Quadrula) petrina);
• Guadalupe orb (Cyclonaias necki); and
• False spike (Fusconaia (= Quincuncina) mitchelli).

As Nossaman previously reported, on ...

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 ...

On September 30, 2022, the U.S. Fish and Wildlife Service (Service) published a proposed rule to amend its eagle permit regulations (Proposed Rule) administered in accordance with the Bald and Golden Eagle Protection Act (BGEPA). The Proposed Rule seeks to improve administration of the eagle permit program by establishing a general permit pathway for eligible wind energy and power line applicants for incidental take of golden eagles and bald eagles. Eligibility criteria proposed by the Service for participation in the general permit program include factors such as eagle ...

The U.S. Fish & Wildlife Service (Service) and a group of landowners recently settled long-running litigation regarding the Service’s designation of approximately 1,500 acres of private land as critical habitat for the dusky gopher frog (Rana sevosa).  The Service designated the private land in Louisiana as critical habitat in 2012.  Weyerhaeuser Co. and local landowners sued the Service, arguing that designation of the private land where the frog could not currently survive was overreach ...

In a recently issued press release, the Center for Biological Diversity (CBD) announced that it and the U.S. Fish and Wildlife Service had entered into two settlement agreements that would increase protection for the Mexican gray wolf (Canis lupus baileyi) in Arizona and New Mexico.  The press release states that under the two agreements the Fish and Wildlife Service will increase the wolf's recovery territory, stop capturing wolves entering the two states from Mexico, and finalize a rule to allow direct release of Mexican gray wolves into New Mexico.  Under one of the ...

Yesterday, a Republican Senator from Texas, John Cornyn, introduced a bill (pdf) that would prohibit the U.S. Fish and Wildlife Service from settling environmental lawsuits without first publishing the complaint "in a readily accessible manner, including electronically," and allowing "affected parties" an opportunity to intervene.  The bill further provides that the filing of any motion to dismiss or for entry of a consent decree based on a settlement agreement shall be prohibited until after affected parties have had a "reasonable opportunity" to intervene.  Should a ...

On December 17, 2012, the National Association of Home Builders, the Olympia Master Builders, the Home Builder Association of Greater Austin, and the Texas Salamander Coalition, Inc., filed a lawsuit (pdf) against the U.S. Fish and Wildlife Service and Ken Salazar, in his official capacity, alleging that when the Service entered into stipulated settlements with WildEarth Guardians (pdf) and the Center for Biological Diversity (pdf) establishing procedures and deadlines for reviewing the listing and critical habitat determinations for 251 candidate species ...