Agencies Propose Revisions of Endangered Species Regulations The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) have proposed important revisions of their regulations implementing the Endangered Species Act (ESA). The Services would change four aspects of their regulations: (1) the way they list and delist threatened and endangered species, (2) the […]
Janus: A Time to Cast Away “To everything there is a season . . . : a time to keep, and a time to cast away[.]” Ecclesiastes 3:1, 6 (KJV). Very recently, the United States Supreme Court held that Illinois’ extraction of “agency fees” from nonconsenting public-sector employees violates the First Amendment. In doing so, […]
Here’s Your Chance to Have a Say: How Can Federal Agencies Best Reform Their Environmental Review Process?
Here’s Your Chance to Have a Say: How Can Federal Agencies Best Reform Their Environmental Review Process? The Council on Environmental Quality (CEQ) is considering modernizing its regulations prescribing the process federal agencies must follow in reviewing the environmental impacts of their actions under the National Environmental Policy Act (NEPA). That process has long burdened […]
When Should Landowners Seek Permits for “Incidental Taking” of Endangered Species? Questions often arise whether land use and development activities would modify wildlife habitat in ways that “take” endangered species. The U.S. Fish and Wildlife Service has published a guidance memorandum explaining what landowners should consider when deciding whether they should apply to the Service […]