Header graphic for print
Focus on Regulation

Tag Archives: FWS

The Fifth Circuit’s Migratory Bird Treaty Act decision in Citgo has broad implications for the U.S. Fish & Wildlife Service’s enforcement and permitting programs

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

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

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

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)