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Focus on Regulation

Tag Archives: ESA

Western Governors’ Association Urges Expanded Role for States in Administration of the Endangered Species Act

At the conclusion of its annual meeting earlier this month, the Western Governors’ Association adopted a broad policy resolution (2016-08) with specific recommendations for reform of the Endangered Species Act (16 U.S.C. § 1531 et seq.).  Not surprisingly, these recommendations envision a greater role for states in the management of threatened species and their habitat,

Western District Texas Court Grants Summary Judgment for PBPA Plaintiffs and Vacates Lesser Prairie Chicken Listing Decision

In a first-of-its-kind ruling and a significant victory for state wildlife agencies, landowners, ranchers, farmers, and the oil and gas industry in Texas, New Mexico, Oklahoma, Kansas, and Colorado, the U.S. District Court for the Western District of Texas, in Permian Basin Petroleum Association (PBPA) et al. v. Department of the Interior (DOI), et al.,

Dollars Do Count—In the Designation of Critical Habitat, At Least

Landowners who object to the listing of endangered species pursuant to Section 4 of the Endangered Species Act (ESA) are often chagrined to learn that agencies need not consider the economic impacts of their listing decisions.  In designating critical habitat under Section 4, however, the ESA requires the Secretary of the Interior (or Commerce, in

FWS Considers Revising Endangered Species Act Regulations to Promote Voluntary Species Conservation

The U.S. Fish and Wildlife Service (FWS) recently published an advance notice of proposed rulemaking (ANPRM) seeking recommendations for regulatory revisions that would create incentives for landowners and others to take voluntary conservation actions in support of “candidate” species.  Candidate species are not yet listed as threatened or endangered under the Endangered Species Act (ESA)