Endangered Species Law & Policy

On January 20, 2025, the U.S. Fish & Wildlife Service (Service) will publish a positive 90-day finding on a 2016 petition (Petition) to delist the golden-cheeked warbler (Setophaga chrysoparia) (GCWA). The decision comes on the heels of the agency’s recent recommendation to downlist the GCWA from endangered to threatened. Pursuant to Endangered Species Act section 4 and relevant implementing regulations, the Service will receive information from the public to inform a more detailed status review, and will publish a 12-month finding in which the agency will make a final ...

On August 11, 2021, the U.S. Court of Appeals for the Ninth Circuit granted partial vacatur of an appeal brought by the U.S. Army Corps of Engineers (Corps) challenging a district court decision to vacate and enjoin use of the 2017 version of nationwide permit 12 (NWP 12).

The underlying lawsuit was brought by Northern Plains Resource Council against the Corps over the Corps’ authorization of impacts to waters of the United States under NWP 12 in connection with the Keystone XL pipeline. In April 2020, the U.S. District Court for the District of Montana vacated NWP 12 throughout the ...

In December 2020, the United States District Court for the District of Montana issued an order on cross-motions for summary judgment concluding that it lacked jurisdiction—under both the Administrative Procedure Act (APA) and Endangered Species Act (ESA)—to hear a lawsuit involving an environmental group’s denied request to update an existing recovery plan for the grizzly bear (Ursus arctos horribilis). Ctr. for Biological Diversity v. Bernhardt, CV 19-109-M-DLC, at 26 (D. Mont. Dec. 23, 2020) (Order). After listing the grizzly bear nearly half a century ago, the U.S ...

If you were unable to attend our recent webinar, “The New NEPA Regulations: A Practical Guide to What You Need to Know,” please check out the recording of our on-demand webinar, which can be accessed here. Additionally, we invite you to download the compilation of our eAlert series on the NEPA rewrite here.

Nossaman will continue to monitor litigation and other regulatory developments regarding NEPA in 2021 as we transition into a new Administration. Please stay tuned to our blog and subscribe to our mailing lists here in order to receive the latest updates on NEPA and other issues ...