In a decision that casts a shadow on the enforceability of contractual assurances in habitat conservation plan (HCP) agreements, the U.S. Court of Appeals for the Ninth Circuit rejected various Endangered Species Act (ESA) and National Environmental Policy Act (NEPA) challenges to the U.S. Fish and Wildlife Service’s (Service) designation of critical habitat for a native fish species (the Santa Ana Sucker) on the Santa Ana River in Southern California. Bear Valley Municipal Water Company v. Jewell, No. 12-57297 (9th Cir. June 25, 2015).
This is the first case to address the ...
Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.
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