May 272015

The Ninth Circuit affirmed a lower court ruling that BLM’s grant of a right-of-way for a wind energy project did not trigger a requirement to consult with the Fish and Wildlife Service (Sierra Club v. BLM, 13-15383). SUMMARY (not part of the opinion, a full copy of which is pasted below) The panel affirmed the […]

May 272015

EPA and the Army Corps of Engineers have announced the new “waters of the U.S.” rule. Press release from EPA, Corps Link to rule Press releases, news coverage NAHB statement American Farm Bureau Federation statement ICIS (Division of Reed Business Information) Natural Resources Defense Council Earthjustice Politico Farm Futures New York Times “Industry groups, including […]

Today’s retweets

 Posted by on May 22, 2015
May 222015

Colorado Gov. John Hickenlooper takes steps to protect the shrinking population of greater sage grouse – — SageGrouseInitiative (@SageGrouseInit) May 22, 2015 Here is Senate Energy and Water appropriations report (with spending details) as approved by Appropriation Committee — NE-MW Institute (@NEMWIUpperMiss) May 22, 2015 Duke Energy Fined $102M for Clean Water Act […]

May 222015

The Gray Lady, as she is sometimes known, has an article today predicting an announcement of the controversial “waters of the U.S.” rule from the Obama Administration “in the coming days.” Coral Davenport of the Times reports that the announcement could come as soon as today or early next week. EPA spokesman Robert Daguillard would […]

May 202015

The Fish and Wildlife Service cannot enforce a rule prohibiting the interstate shipment of reticulated pythons or green anacondas, unless the destination is Florida or Texas, a federal judge ruled late Tuesday (U.S. Ass’n of Reptile Keepers v. Jewell, 13-2007 RDM, D.D.C.). U.S. District Judge Randolph Moss granted a preliminary injunction sought by reptile dealers […]

May 182015

Filing a listing petition would not be as easy as it traditionally has been, under a new proposal  announced today by the Fish and Wildlife and National Marine Fisheries services. In a move that could be interpreted as a response to congressional criticism that the FWS gives state input short shrift, FWS is proposing that […]

May 082015

Nossaman LLP has added some experienced ESA attorneys from Sedgwick LLP to its environmental practice. Alan Glen and Steve Quarles have joined the firm as partners. Glen will be based in the firm’s Austin office, Quarles in D.C. Four other lawyers from Sedgwick also have joined Nossaman’s Environment and Land Use Practice Group, the firm announced […]

May 062015

The Fish and Wildlife and National Marine Fisheries services will publish a new rule on May 11 allowing them to use surrogates when they prepare incidental take statements. The rule was posted on the web by FWS a few days ago. In their press release, the services said it can sometimes be “impractical” to quantify […]

May 062015

Hearing, live (from Senate EPW page) Link to EPW page on hearing Sen. Cory Booker (D-N.J.) also has introduced a bill, S. 1081, to ban the use of body-gripping traps in national wildlife refuges. Center for Biological Diversity news release (click the links in the release for more information from THOMAS and the senators’ web […]

May 052015

The Ninth Circuit has rejected a challenge to the Ivanpah solar project in California, finding that the Bureau of Land Management’s review of effects on the threatened desert tortoise was legal under NEPA (Western Watersheds Project v. Jewell, 13-55027). BLM also “took a hard look at the Solar Project’s impacts to birds,” the court found. […]