The Court of Appeals for the Fifth Circuit reversed Citgo Petroleum Corporation’s criminal conviction in the Southern District of Texas and held that the Migratory Bird Treaty Act’s (MBTA) ban on bird “takings” only prohibits intentional acts that directly kill migratory birds. In addition to the operation of oil and gas facilities, the Fifth Circuit
Tag Archives: FWS
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.,
Fish and Wildlife Service evaluates new permit program for incidental takes of migratory birds
The Fish and Wildlife Service is evaluating the development of an incidental take permitting program under the Migratory Bird Treaty Act (MBTA). The MBTA is a statute of very broad reach, prohibiting the killing of some 1,027 species of birds in the United States. The proposed program would affect planned energy and infrastructure projects that could
Polar Bear Endangered Species Act Listing Upheld by D.C. Circuit While New Challenge May Loom
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
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
Winding Up: Implementing New Wind Energy Siting Guidelines
The Department of the Interior’s new, voluntary Land-based Wind Energy Guidelines are the result of a four-year effort by the Wind Turbine Guidelines Federal Advisory Committee and the U.S. Fish & Wildlife Service to reconcile the sometimes competing public goods of wind energy deployment and the protection of wildlife. The Guidelines set out recommended best practices
FWS Decides Not to List Dunes Sagebrush Lizard as Endangered Species
In deciding to withdraw a proposed rule to list the dunes sagebrush lizard as an endangered species, the Fish and Wildlife Service (FWS) has signaled yet again its growing preference for landowner cooperation in the development and implementation of conservation strategies. According to state and industry representatives, listing of the three-inch lizard, which occupies a
The Polar Bear Rule: FWS Proposes Special Rule for Ursus Maritimus
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
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)