Last month, the U.S. Supreme Court heard oral argument in Weyerhaeuser v. U.S. Fish and Wildlife Service (“USFWS”). This case could have far-reaching implications curbing federally-designated critical habitat designations by the USFWS. At the heart of this case is the USFWS’ 2012 decision to designate 1,500 acres of private land in Louisiana owned by Markle […]
January 16, 2018 | Category:
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NEPA,
News | Tags:
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lawsuitOn Wednesday, a three-judge panel from the Ninth Circuit rejected environmentalists’ appeal to overturn a U.S. Fish and Wildlife Service (USFWS) policy that allows the taking of one owl species to help recover another. Friends of Animals initially sued the USFWS over a 2014 plan to kill thousands of barred owls (on the left in […]
January 9, 2018 | Category:
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california land use,
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lawsuit Last week, California River Watch sued a group of vineyard developers for allegedly violating the Endangered Species Act (ESA), arguing that the group engaged in agricultural practices that harm the protected California Tiger Salamander (CTS). In 2014, a group of developers filed for and received permits to convert 9.8 acres of their property into […]
January 3, 2018 | Category:
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Oil and Gas | Tags:
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Land Use Law,
oil,
oil & gas,
oil and gas,
speciesLast week, the Bureau of Land Management (BLM) issued an instruction memorandum (IM) revising an Obama-era policy that directed agency field offices to prioritize oil and natural gas leasing and drilling projects outside of the most sensitive greater sage grouse habitat. The IM now says that the BLM does not need to lease and develop […]
November 4, 2017 | Category:
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CEQA,
Endangered Species,
Land Use,
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California,
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land use,
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lawsuitThis week a group of property owners and developers filed suit against the U.S. Department of Interior, alleging that the U.S. Fish and Wildlife Service (USFWS) violated federal procedure rules when it repeatedly found that the coastal California gnatcatcher is protected under the Endangered Species Act (ESA). Filed in a D.C. federal court by the […]
October 27, 2017 | Category:
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NEPA,
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mitchell chadwick llp,
NEPAThis week the BLM announced its plans to hold public hearings in November to allow for public comment regarding the agency’s decision to reopen 98 federal land use plans that were put in place to protect the greater sage grouse. Meanwhile, a watchdog group filed a federal lawsuit against the Interior Department, claiming the agency […]
The House Natural Resource Committee approved five bills addressing the Federal Endangered Species Act on October 4, 2017. Each bill was limited in scope and addressed different aspects of the ESA. H.R. 717 adds the review of economic cost of listing a species as a consideration under the ESA. Under this provision, the FWS or […]
A Washington state judge rejected an environmental activist’s request to present a necessity defense at his trail, where the “activist,” along with four other “activists” face charges of sabotage and burglary. The defendant admitted to illegally entering a pipeline facility near Anacortes, Washington, and shutting off a valve. The defendant argued his actions were somehow justified since […]
February 21, 2017 | Category:
Endangered Species,
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Lawsuit,
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Braiden Chadwick,
California,
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Endangered,
endangered species,
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Logging,
mitchell chadwick llpLast Thursday California federal judge John A. Mendez found that the U.S. Forest Service didn’t take a hard enough look at the alternatives to a timber project in California’s Mendocino National Forest. Citing the Forest Service’s lack of a “hard look” at the project alternatives to avoid impacts on the northern spotted owl, including one […]
February 17, 2017 | Category:
Air Quality,
Endangered Species,
Land Use,
News,
Oil and Gas | Tags:
Endangered,
endangered species,
environmental group,
EPA,
Global Warming,
Greenhouse Gas,
land use,
mitchell chadwick llp,
oil & gasThe U.S. Senate confirmed Oklahoma Attorney General Scott Pruitt as the U.S. EPA administrator on a 52-46 vote split largely along party lines. Quoting the New York Times report: “Democrats railed all night on the Senate floor against Mr. Pruitt and urged Senator Mitch McConnell of Kentucky, the majority leader, to delay the confirmation vote […]
