Law of the Land (and Air and Water)

A blog from the attorneys of Verrill

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Category: Endangered Species

Supreme Court Says “No Frog Habitat, No Critical Habitat”

Frog
U.S. Department of Agriculture, via Wikimedia Commons You might assume that if an endangered species is nowhere to be found on your property, you can rest easy. “No,” said the U.S. Fish and Wildlife Service, which decided in 2012 that if your land might be a good place for...
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D.C. Circuit Remands BOEM Cape Wind Lease under NEPA and ESA, Punts on MBTA Challenge

The U.S. Court of Appeals for the D.C. Circuit has dealt another setback to the Cape Wind offshore wind power project by holding yesterday in Public Employees for Environmental Responsibilities v. Hopper that the Bureau of Ocean Energy Management (BOEM) and the U.S. Fish and Wildlife Service (USFWS) violated...
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U.S. Fish & Wildlife Service Proposes Revisions to Mitigation Policy

US Fish & Wildlife Logo
U.S. Fish and Wildlife Service (the “Service”) recently proposed revisions to its Mitigation Policy, which has been in place since 1981. March 8, 2016 Fed. Reg. 12380 . The Mitigation Policy serves as “over-arching Service guidance applicable to all actions for which the Service has specific authority to recommend...
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USFWS Issues Expansive Final 4(d) Rule for Northern Long-Eared Bat

U.S. Fish & Wildlife Service (USFWS) issued its final rule under section 4(d) of the Endangered Species Act regarding conservation measures for the northern long-eared bat (the “Final 4(d) Rule”). The Final 4(d) Rule replaces the interim 4(d) rule issued in April, 2015 . The Final 4(d) Rule prohibits...
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Three Bat Species Listed Under Maine Endangered Species Act

Upon recommendation from the Maine Department of Inland Fisheries and Wildlife, Governor Paul LePage signed a bill into law today listing three bat species under the Maine Endangered Species Act. The little brown bat and northern long-eared bat were listed as endangered, and the eastern small-footed bat was listed...
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USFWS Lists Northern Long Eared Bat as Threatened Species

Bat Rendering
The U.S. Fish and Wildlife Service announced that it will publish a final rule in today's Federal Register designating the northern long eared bat as threatened under the Endangered Species Act. The listing will become effective May 4, 2015, at which time an interim 4(d) incidental take rule will...
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USFWS, Congress Explore Incidental Take Exemption Under MBTA

Bald Eagle
The U.S. Fish and Wildlife Service is reportedly planning to issue a notice of intent to create an incidental take permitting regime under the Migratory Bird Treaty Act. The permitting scheme would theoretically allow otherwise lawful activities to go forward with greater regulatory certainty, while allowing USFWS to require...
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