By John M. Simpson.
On November 27, 2018, the U.S. Supreme Court issued its decision in a closely watched Endangered Species Act (ESA) case involving the U.S. Fish & Wildlife Service’s (FWS’s) designation of “critical habitat” for an endangered species known as the “dusky gopher frog” (Rana sevosa). Weyerhaeuser Co. v. U.S. Fish & Wildlife Serv., 586 U.S. ___, No. 17-71 (Nov. 27, 2018). The Court reversed the Fifth Circuit’s decision which had upheld the FWS designation. Continue reading U.S. Supreme Court Decides Dusky Gopher Frog Case
On July 24, 2018, the National Marine Fisheries Service (NMFS) published a final rule in the Federal Register designating critical habitat for the Main Hawaiian Islands insular false killer whale distinct population segment. The rule becomes effective on August 23, 2018. Continue reading Fisheries Service Designates Critical Habitat for False Killer Whale Population
by John M. Simpson
On July 19, 2018, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) announced three proposed rulemakings that would revise the regulations pursuant to which the Services have implemented the Endangered Species Act (ESA). These initiatives were the result of public comments solicited by the Services in response to Executive Order 13777, 82 Fed. Reg. 31576 (July 7, 2017), which sought comments on how federal agencies could improve the effectiveness and efficiency of federal regulations and the regulatory process. Continue reading Wildlife Agencies Announce Proposed Endangered Species Act Regulations