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.
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FWS and NMFS Complete Long-Awaited, Comprehensive Revision of ESA Regulations
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 FWS and NMFS Complete Long-Awaited, Comprehensive Revision of ESA Regulations
Ninth Circuit Overturns Climate Change-Based Decision Not to List Species Under ESA
In overturning a US Fish and Wildlife Service decision not to list the arctic grayling, the Ninth Circuit has shifted the burden to federal wildlife agencies to explain why listing is not appropriate when there is uncertainty regarding potential climate change impacts.
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Services Propose Highly Anticipated Revisions to ESA Regulations on Critical Habitat Designation, Section 7 Consultation, and Protections for Threatened Species
The U.S. Fish & Wildlife Service and National Marine Fisheries Service issued three significant, highly anticipated, proposals to revise the Endangered Species Act regulations on July 19. The proposals address critical habitat designation, ESA section 7 consultation, and protection of threatened species. Once published in the Federal Register, there will be a 60 day comment period for all three proposals. The proposals would make important changes in each area, and are likely to garner substantial attention in public comments.
Continue Reading Services Propose Highly Anticipated Revisions to ESA Regulations on Critical Habitat Designation, Section 7 Consultation, and Protections for Threatened Species