Recent Posts

Columbia Law School Center for Climate Change Law: Green vs. Green: Litigation For and Against Solar Power in California
Posted on 23 Jun 2011 by LexisNexis Environmental Law Community Staff

By Laura Mulry, Fellow, Center for Climate Change, Columbia Law School April 2011 was an eventful month for massive solar projects in California and their unlikely opponent: the desert tortoise. As climate change, overpopulation, and development place... Read More

Keystone Pipeline Could Push Endangered Whooping Crane Into Extinction
Posted on 7 Sep 2011 by Leda Huta

Leda Huta, Executive Director, Endangered Species Coalition If you were to choose a route through which to move toxic, highly corrosive, sludgy crude oil, would you place it on the same narrow corridor used by one of the world's most endangered... Read More

Marten Law: Ninth Circuit Finds Fish & Wildlife Failed to Adequately Account for Climate Impacts, and Keeps Yellowstone Grizzlies on ESA List
Posted on 26 Jan 2012 by Jessica K Ferrell

By Jessica K. Ferrell, Partner, Marten Law PLLC "The Ninth Circuit Court of Appeals recently affirmed a Montana district court ruling that blocked the U.S. Fish & Wildlife Service (the "Service") from removing Yellowstone grizzly... Read More

US Governments Propose Wildlife Climate Adaptation Strategy
Posted on 2 May 2013 by Dianne Saxe

By Dianne Saxe, Ontario Environmental Lawyer As hundreds of starving sea lion pups wash up on the California coast, and as the Canadian government shuts down research into climate change, a coalition of American federal, state and tribal government... Read More

Mountain States Legal Foundation: Polar Bear Listing Upheld
Posted on 24 Apr 2013 by William Perry Pendley

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation A western legal foundation has expressed dismay with the decision by a federal appellate court upholding the 2008 decision by the U.S. Fish and Wildlife... Read More

Failed Federal Collaboration: United States Fish and Wildlife Service State Relations
Posted on 27 Oct 2014 by Steptoe & Johnson PLLC

By Kathy G. Beckett The supplemental comment period for the USFWS proposal to list as endangered the Northern Long Eared Bat (“NLEB”) and to not list the Eastern Small Footed Bat closed on August 29, 2014. (79 Fed. Reg. 36698, June 30... Read More

Climate Change Impacts and the Endangered Species Act
Posted on 6 Aug 2010 by Michael J. Brennan and Sandra A. Snodgrass

By Michael J. Brennan and Sandra A. Snodgrass, Attorneys, Holland & Hart; General Editor Bradley M. Marten Climate change issues are a relatively recent addition to the threats to fish, wildlife, and plants considered under the Endangered Species... Read More

USFWS Snubs State Natural Resources Agencies: Northern Long Eared Bat ESA Listing Proposal
Posted on 14 May 2014 by Steptoe & Johnson PLLC

By Kathy G. Beckett There is a growing concern about USFWS action relative to the Northern Long-Eared Bat (NLEB) that speaks to the common dilemma, state versus federal. It was the state natural resource professionals who identified the impacts... Read More

Center for Biological Diversity Serves 60-Day Notice on Coast Guard and EPA for Violations of the Endangered Species Act
Posted on 13 Mar 2014 by Jenner & Block Corporate Environmental Lawyer

By: Genevieve Essig , Associate, Jenner & Block Last month the Center for Biological Diversity (“CBD”) served a sixty-day notice of intent to sue the U.S. Coast Guard (“USCG”) and U.S. EPA (EPA) for “ongoing and... Read More

Wind Power Companies Further Commit to Protection of Bats
Posted on 20 Oct 2015 by E. Lynn Grayson

The American Wind Energy Association (AWEA) announced that seventeen of its members have agreed to voluntary operating restrictions to reduce wind turbine speeds in the fall to minimize the number of bats killed during their migration season. According... Read More

Good News for the Sage Grouse
Posted on 31 Jul 2014 by Dianne Saxe

As we have written before , the Greater Sage Grouse is on the verge of extinction, likely due to habitat loss related oil and gas development. Prompted by litigation , the federal government finally issued an Emergency Order to protect the grouse in December... Read More

Changes Proposed to Endangered Species Act
Posted on 21 Jul 2014 by Steptoe & Johnson PLLC

The Obama Administration and the House Natural Resources Committee have each proposed changes to the Endangered Species Act (ESA). The changes proposed by the House Natural Resources Committee focus on giving additional transparency to the process of... Read More

Canada Lags US In Protecting Endangered Sage-Grouse
Posted on 2 Sep 2014 by Dianne Saxe

By Meredith James In July, the US Fish and Wildlife Service launched a website to “communicate the breadth of the ongoing conservation actions underway to support Greater Sage-Grouse and the sage brush habitat the bird and 350 other species need... Read More

USFWS WV Field Office Guidance on Bat Conservation Plans – Proceed Cautiously
Posted on 26 Aug 2015 by Steptoe & Johnson PLLC

The US Fish and Wildlife Service has released the “Guidance on Developing and Implementing a Myotid Bat Conservation Plan. http://www.fws.gov/westvirginiafieldoffice/PDF/WVFO_IBCP.pdf . Key teaching points about this guidance are raised in the following... Read More

Marten Law: Proposed Rule Would Limit Extent of Economic Impacts Considered in ESA Critical Habitat Designations
Posted on 5 Nov 2012 by Jessica K Ferrell

By Jessica K. Ferrell, Partner, Marten Law PLLC Excerpt from the Commentary: In this Emerging Issues Analysis, Jessica Ferrell of Marten Law PLLC discusses a proposed rule that would require the U.S. Fish and Wildlife Service and NOAA Fisheries... Read More