Blog Posts: Environmental and Energy Law Update

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

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 the Dusky Gopher frog to live, you might be subject to development restrictions under the Federal Endangered Species Act.

Weyerhaeuser sued, claiming that USFWS's decision about what constitutes "critical habitat" was too broad. The U.S. Supreme Court agreed, and further held that because Weyerhaeuser's land needed work to host this endangered frog (the planting of lots of new pine trees), USFWS should have considered those costs before concluding that this private land was endangered-frog-ready.

So…we needed the US Supreme Court to tell us that land bereft of the frog, that needed work before it could host the frog, cannot be considered frog "critical habitat"??? Apparently, yes.

If you have questions regarding development restrictions under the Federal Endangered Species Act contact Scott Anderson or another member of Verrill Dana's Environmental Group.

Firm Highlights

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Maine Rural Water Association Annual Conference with Verrill Attorney Mathew J. Todaro

Verrill Attorney Mathew J. Todaro, along with two others, will be presenting at the Maine Rural Water Association’s 41 st Annual Conference and Trade Show. Their presentation, “PFAS and Practicality Regulatory Updates with a...

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65 Verrill Attorneys Recognized by Best Lawyers® 2022, Including Eight Named Lawyers of the Year

(August 31, 2021) – 65 Verrill attorneys were recognized as "Best Lawyers" by Best Lawyers® 2022 , including 8 attorneys named “Lawyer of the Year,” a distinguished recognition for only a single lawyer in...

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Waterfront Park Revision Sent Back to Planning Board

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Verrill's Strategic Growth in Key Areas Shared in Mainebiz

On Monday, November 15th Verrill was listed as a Maine law firm who is innovating ways to hire talent in the Mainebiz article "Remote Work Changes Hiring Strategies for Some Maine Law Firms." The...

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FERC Hydro License Compliance

Represented ENEL, an international leader in hydro power, before FERC in defending against a formal Section 206 Complaint by the City of Lawrence, Massachusetts, and various abutters, alleging that ENEL North America has violated...

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Maine PUC Releases Report on Evolution of Electrical Grid to Meet Climate Goals

On December 1, 2021, the Maine PUC released a Report on the first phase of its investigation into necessary design and operational changes to the electrical distribution grid to facilitate the State’s clean energy...

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32 Verrill Attorneys Named 2021 Super Lawyers and Rising Stars

(November 22, 2021) – The 2021 edition of New England Super Lawyers and Rising Stars© has recognized a total of 32 Verrill attorneys for excellence in their individual areas of practice. Only the top...

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Incidental Take of Migratory Birds Prohibited Once Again as New MBTA Rule Becomes Effective

A U.S. Fish and Wildlife Service (“FWS”) final rule that presumptively reinstates liability for incidental take under the Migratory Bird Treaty Act (“MBTA”) becomes effective on December 3. The new rule revokes a Trump-era...

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Geoff Why to Moderate "The Future is Now: 5G Wireless Networks"

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Verrill Alumni Bill Harwood Nominated as Public Advocate for the State of Maine

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