The Endangered Species Act increasingly plays a larger role in environmental law and the federal permitting process for infrastructure projects. Hunton Andrews Kurth Partner Kerry McGrath and Associate Brian Levey give an inside look at the complex process of obtaining federal authorization for “take” of endangered species.
Continue Reading

On August 12, 2019, the US Fish and Wildlife Service and the National Marine Fisheries Service signed final rules instituting the first comprehensive revisions to Endangered Species Act regulations in 33 years. The Services made substantial revisions to their regulations concerning listing and delisting species, critical habitat designations, consultation with federal agencies and the process for establishing protections for threatened species. Two states and numerous environmental groups have signaled their plan to challenge the new rules.
Continue Reading

As the Trump Administration is pushing forward on its deregulatory agenda and, in particular, its efforts to improve the Endangered Species Act and its implementation by the US Fish and Wildlife Service and National Marine Fisheries Service, the Supreme Court is poised to hear a landmark case on designation of critical habitat under the ESA that could provide some guideposts for the Services’ new regulations.
Continue Reading

When Congress enacted the Endangered Species Act (“ESA”) to protect and recover imperiled species and the ecosystems on which they depend, it emphasized the need to strike the proper balance between protecting species and allowing productive human activities. Widespread concern that this balance has been lost has sparked movement within the Trump Administration and Congress to improve the ESA and its implementation. With these key changes, the Trump Administration and Congress could make significant progress to restore what many believe is the ESA’s intended balance between the protection of species and economic growth.
Continue Reading

From the Penobscot River in Maine to the St. Mary’s River in Florida, the Atlantic sturgeon ranges, swimming periodically up river to spawn and returning to marine waters when it is done. With a lifespan of up to 60 years, the Atlantic sturgeon can grow up to 14 feet long and weigh up to 800 pounds, according to the National Marine Fisheries Service (NMFS). Despite this species’ mighty proportions and vast range, five distinct population segments of the species have been listed by the as threatened or endangered.

Continue Reading