U.S. Fish and Wildlife Service Seeking Comments on Mitigation Policies

The U.S. Fish and Wildlife Service (Service) has requested (pdf) public comment on its revised Mitigation Policy and the Endangered Species Act Compensatory Mitigation Policy (ESA-CMP). The U.S. Department of the Interior previously noted that the Service would be seeking comments on the two policies when it issued its report entitled Review of the Department of the Interior Actions that Potentially Burden Domestic Energy in response to Executive Order 13783. These reviews are the latest step in an effort to identify and remove regulatory impediments to domestic energy production and transmission projects.

We reported previously on earlier revisions to the Mitigation Policy that sought to implement the net benefit or no net loss to natural resources directives from a 2015 presidential memorandum. We also detailed the issuance of the ESA-CMP in December 2016. The ESA-CMP was the first policy to comprehensively address compensatory mitigation under the ESA.

The stated deadline for submitting comments on the revised Mitigation Policy and the ESA-CMP is January 5, 2018.

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  • David J. Miller

    David Miller assists clients on a variety of complex land use and environment related matters, including matters dealing with the National Environmental Policy Act, Section 4(f) of the Department of Transportation Act, and the ...

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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