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Ninth Circuit Invalidates USFWS Regulation Requiring State Agency Notice Prior to Filing a Petition for Listing of a Species under the ESA
On May 17, 2021, the U.S. Court of Appeal for the Ninth Circuit
reversed a decision from the U.S. District Court for the District of Montana
regarding the USFWS’s regulatory requirement that state wildlife agencies
receive 30-days’ notice of a petition to list a species under the Endangered
Species Act (ESA) prior to filing a petition with the USFWS. ...Read More
U.S. Department of the Interior Announces Proposed Rule to Revoke Trump Rule on Migratory Bird Treaty Act Incidental Take–But What About the Court Rulings?
Under the Trump Administration, Solicitor’s Opinion M-37050
was issued on December 22, 2017, which stated that the Migratory Bird Treaty
Act (MBTA) prohibited purposeful killing of migratory birds but did not
prohibit the accidental killing of said birds. (https://www.doi.gov/pressreleases/interior-department-takes-steps-revoke-final-rule-migratory-bird-treaty-act-incidental.)
Subsequently, on January 7, 2021, the U.S. Fish and Wildlife Service (USFWS)
published a final rule that formalized the conclusion of ...Read More
California Governor Signs the Jobs and Economic Improvement Through Environmental Leadership Act of 2021: Grants CEQA Streamlining to Qualified Projects
On May 20, 2021, California Governor Gavin Newsom signed into
law the “Jobs and Economic Improvement Through Environmental Leadership Act of
2021,” also known as SB 7, which is chaptered as Sections 21178 to 21189.3 of
the Public Resources Code. (https://legiscan.com/CA/text/SB7/id/2401530SB.)
SB 7 replaces a previous similar law, the “Jobs and Economic Improvement
Through Environmental Leadership Act of 2011,” which ...Read More
On May 25, 2021, the Biden Administration announced it has
identified two areas along the central and northern coasts of California which
the Administration plans to open for commercial scale offshore clean energy
projects. This announcement is part of the Biden Administration’s larger and
more ambitious goal of producing 30 gigawatts of offshore wind energy by 2030.
One of the ...Read More