LexisNexis® Legal Newsroom
There is some good news about species, and bad news about mammals

First, the bad news. Between a fifth and a generous third of the world's mammal species now face the threat of extinction, according to the first comprehensive review since 1996. [See http://www.wwf.it/UserFiles/File/schipper_et_al_2008.pdf .] Data from more than 1,700 experts went into this five...

Nearly one-third of the 800 bird species in U.S. are endangered, threatened, or in significant decline

The Department of Interior has released a comprehensive report on bird populations in the United States; it shows that nearly a third of the nation's 800 bird species are endangered, threatened, or in significant decline due to habitat loss, invasive species, and other threats. At the same time,...

Marten Law PLLC: Despite Apparent Recovery, Climate Change Keeps Grizzly Bears on ESA List

In this Emerging Issues Analysis, Russell Prugh and Jessica Ferrell of Marten Law PLLC discuss how environmental groups for many years have attempted to use wildlife protection laws such as the Endangered Species Act (ESA) to force federal and state wildlife and natural resource agencies to take the...

With marine reserves, it may be location, location, location that is key to effectiveness

Prior posts have noted that marine reserves can play a key role in helping areas and species to recover from the destruction of over-fishing and abuse of habitat. A new study emphasizes the importance of appropriate placement of marine reserves in order to achieve the maximum benefit. Many new reserves...

Climate Change Impacts and the Endangered Species Act

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 Act (ESA). Both ESA regulations and ESA-related...

Creating protected zones helps the recovery of even migratory fish species

As noted in prior posts, the creation of protected zones in which fishing is prohibited has been shown to be an effective method for assisting the recovery of fish that do not migrate over great areas. For example, protected zones in the region of the Great Barrier Reef in Australia have seen fish populations...

Amphibians face threats from chemicals across the landscape

Numerous prior posts have noted various theories and evidence for the reduction in number of frogs found in various environments. Taking a step back from focusing on agricultural lands and practices, some researchers are surveying the presence of frogs, including intersex frogs (those with both male...

Use of Endangered Species Act to prevent mining operation requires input early in the NOI review process

The Endangered Species Act ("ESA") is becoming a popular tool used by public interest groups to stop projects that they view as adverse to environmental quality. However, a recent attempt to use the ESA against a mining project failed when the procedural posture was deemed an inaction for purposes...

Humans can transmit diseases to gorillas

Prior posts have noted and described a number of human diseases that had their origin in animals. Now it appears that some diseases can be transmitted from humans to gorillas. Ecotourism has been seen as a boon for countries with "interesting" biota; it provides funding for protection of...

Columbia Law School Center for Climate Change Law: Green vs. Green: Litigation For and Against Solar Power in California

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 ever more plant and animal species at risk of...

Recent California Decisions Favor Solar Developers Over Environment

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 ever more plant and animal species at risk of extinction...

Keystone Pipeline Could Push Endangered Whooping Crane Into Extinction

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 birds? The Canadian energy company TransCanada did...

Marten Law: Ninth Circuit Finds Fish & Wildlife Failed to Adequately Account for Climate Impacts, and Keeps Yellowstone Grizzlies on ESA List

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 bears from the Endangered Species Act's (ESA...

Marten Law: Proposed Rule Would Limit Extent of Economic Impacts Considered in ESA Critical Habitat Designations

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 to publish a draft economic analysis for public...

Mountain States Legal Foundation: Polar Bear Listing Upheld

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 Service (FWS) to place polar bears on the Endangered...

US Governments Propose Wildlife Climate Adaptation Strategy

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 agencies has released a National Fish, Wildlife and...

Center for Biological Diversity Serves 60-Day Notice on Coast Guard and EPA for Violations of the Endangered Species Act

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 imminent violations of the Endangered Species Act...

USFWS Snubs State Natural Resources Agencies: Northern Long Eared Bat ESA Listing Proposal

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 of White Nose Syndrome on bat populations in the United...

Changes Proposed to Endangered Species Act

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 listing decisions by making the data used by the agencies...

Good News for the Sage Grouse

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 2013. In January 2014, experts gathered...

Canada Lags US In Protecting Endangered Sage-Grouse

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.” The Greater Sage-Grouse website highlights...

Failed Federal Collaboration: United States Fish and Wildlife Service State Relations

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, 2014), [ enhanced version available to lexis.com...

USFWS WV Field Office Guidance on Bat Conservation Plans – Proceed Cautiously

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 Q&A: • Why develop a plan? It...

Wind Power Companies Further Commit to Protection of Bats

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 to the AWEA, the new policy results from more than...