Category

ESA

21 July 2021

DC Circuit Orders EPA to Reconsider 2019 Renewable Fuel Standard Effects on Endangered Species

The U.S. Court of Appeals for the District of Columbia Circuit ruled on July 16 that the Environmental Protection Agency (EPA) must reconsider its 2019 targets under the renewable fuel standard (RFS) related to its potential effects on endangered species. In Growth Energy v. EPA, No. 19-01023 (D.C. Cir.), three groups of petitioners had challenged the rule: renewable energy producers, parties regulated by the RFS requirements, and a group of environmental organizations. (more…)

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18 September 2020

U.S. Fish and Wildlife Service Proposes Framework for Endangered Species Act Critical Habitat Exclusion Analysis

On September 8, 2020, the U.S. Fish and Wildlife Service (FWS) issued a proposal under the Endangered Species Act (ESA) addressing how FWS will conduct discretionary analyses to determine whether to exclude land that otherwise would be constrained from use due to a critical habitat designation. (more…)

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13 August 2020

U.S. Fish and Wildlife Service and National Marine Fisheries Service Propose Definition for “Habitat”

On August 5, 2020, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively the Services) published a proposed rule to define “habitat” as that term is used in the context of critical habitat designations under the Endangered Species Act (ESA) of 1973. One of the tools under the ESA to conserve listed species is the designation of critical habitat to identify areas that are essential to a species’ recovery. (more…)

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