Endangered Species Law & Policy

On July 18, 2024, the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) vacated a decision by the U.S. District Court for the Northern District of Texas (District Court) that upheld the U.S. Department of Labor’s (DOL) 2022 environmental, social and governance (ESG) rule (ESG Rule). The ESG Rule, issued pursuant to President Biden’s Executive Order, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” allows Employee Retirement Income Security Act (ERISA) fiduciaries to give weight to “the economic effects of ...

On February 2, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule increasing civil monetary penalties for violations of several federal wildlife and natural resource protection laws (Final Rule).  The Final Rule updates penalties for violations of the Endangered Species Act, Marine Mammal Protection Act, Bald and Golden Eagle Protection Act, Lacey Act, and other statutes concerning federally protected animal species.

Under section 4 of the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461, as amended by the Inflation Adjustment ...

On May 15, 2023, the U.S. Fish and Wildlife Service (Service) issued two mitigation policies: one titled “Mitigation Policy” and another titled “Endangered Species Act Compensatory Mitigation Policy.” The Mitigation Policy provides a framework to inform Service mitigation procedure and policy, while the Endangered Species Act (ESA) Compensatory Mitigation Policy provides guidance on implementation of the ESA through compensatory mitigation mechanisms. The Service states that both policies are intended as guidelines for Service personnel to follow when ...

Unbelievably, it was March 17, 2020 when California Governor Gavin Newsom issued Executive Order N-29-20 (amending Executive Order N-25-20 in part) as part of a series of emergency measures in response to the COVID-19 pandemic.  EO N-29-20 allows local or state legislative bodies to hold meetings via teleconference and to make meetings accessible electronically without violating the open meeting laws found in the Bagley-Keene Act or the Brown Act. This order waived certain provisions of the Brown Act, including requirements that meetings be conducted in physical locations; ...

The first 100 days of a new administration can define what lies ahead for the next four years. Join our panel of Nossaman Environment & Land Use attorneys from across the U.S. on April 15, 2021 from 11:00 a.m. – 12:30 p.m. PT as we review and evaluate the Biden administration’s first 100 days of policy moves involving environmental and natural resources management.

We will discuss efforts to fill leadership roles at CEQ, EPA, Interior, DOT and other federal agencies. Updates and analysis will be provided regarding key areas of policy, legislation and regulation, including:

• Climate ...