At its summer meeting in Whitefish, Montana in June, the Western Governors Association took an important step toward bi-partisan reform – or “modernization” – 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,
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.,
A recent denial of rehearing by the D.C. Circuit Court of Appeals brought closure to a lawsuit challenging a five-year old decision by the U.S. Fish and Wildlife Service (FWS) to list the polar bear under the Endangered Species Act (ESA). One environmental group, however, has now indicated its intent to sue FWS with a
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
In May 2008, the Bush administration listed the polar bear as a threatened species under the Endangered Species Act (ESA). On December 16, 2008, the U.S. Fish and Wildlife Service (FWS) issued an interim special rule for management of the polar bear under § 4(d) of the ESA. Both the listing and interim special rule
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)