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News Articles

U.S. Fish and Wildlife Service Issues Final EIS For Changes to Migratory Bird Treaty Act

By Geremy Holm On November 27, 2020, the U.S. Fish and Wildlife Service (FWS or Service) published a final Environmental Impact Statement (EIS) analyzing a…

Read More 2021-01-04

Endangered Species Act Update: Sweeping Regulations Already Adopted, with More Proposed, Will Profoundly Alter Implementation of the Act

By David C. Smith and Jennifer Lynch The federal Endangered Species Act (ESA or the Act) has not escaped the Trump administration’s mandate for regulatory…

Read More 2020-11-18

California Court of Appeal Finds City’s ‘SLAPP’ Motion Failed to Show that Developer’s Lawsuit Arose from Protected Activity

By James Purvis A developer brought an action against the City of Oakland (City) alleging various causes of action. The City filed a demurrer, a…

Read More 2020-11-18

U.S. Army Corps of Engineers Publishes Proposal to Reissue and Modify Clean Water Act Nationwide Permits

By Geremy Holm and Steve Anderson On September 15, 2020, the U.S. Army Corps of Engineers (Corps) published a notice of proposed rulemaking (Proposed Rulemaking)…

Read More 2020-11-18

Ninth Circuit Finds BLM Not Required to Prepare New EIS Prior to Approving New Oil and Gas Leases in Alaska

By Christina Berglund In Northern Alaska Environmental Center v. U.S. Dept. of the Interior the Ninth Circuit affirmed the U.S. District Court’s summary judgment in…

Read More 2020-11-18

Tenth Circuit Holds Native American Pueblo Water Rights Not Extinguished by Spain

By Christina J. Bruff On September 29, 2020, the Tenth Circuit Court of Appeals addressed the question whether the U.S. District Court in New Mexico…

Read More 2020-11-18

Ninth Circuit Affirms Order Vacating the Delisting of the Yellowstone Grizzly Population

By James Purvis The U.S. Fish and Wildlife Service (FWS) issued a final rule removing the grizzly bear population in the Greater Yellowstone Ecosystem from…

Read More 2020-11-18

Congress Considers Amendment to Expand Reach of the Water Infrastructure Finance and Innovation Act

By Brian Hamilton and Merdith Nikkel On September 11, 2020, Congressman John Garamendi introduced a bill to amend the 2014 Water Infrastructure Finance and Innovation…

Read More 2020-11-18

California Environmental Quality Act Considerations When Evaluating Impacts to Aquatic and Other Biological Resources

By Robbie Hull, Scott Birkey, and Clark Morrison One of the stated legislative policies underlying the California Environmental Quality Act (CEQA) is to: . .…

Read More 2020-10-02

U.S. District Court Reverses Army Corps’ Clean Water Act Jurisdictional Determination—Applies Both Justice Kennedy and Justice Scalia’s Analyses in Rapanos

By Melissa Jo Townsend, Rebecca Andrews The U.S. District Court for the Eastern District of Louisiana recently reversed and remanded a U.S. Army Corps of…

Read More 2020-10-02