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”
Grizzly Bear “Taking” Conviction Reversed by 9th Circuit
On June 26, 2018, the U.S. Court of Appeals for the Ninth Circuit reversed the conviction of a Montana man who had been convicted of a criminal violation of the Endangered Species Act (ESA) for shooting and killing a grizzly bear that was harassing the horses in a pasture behind the defendant’s rural home. United States v. Charette, ___ F.3d ___, No. 17-30059 (9th Cir. June 26, 2018). The government had charged the defendant with one count of “taking” a threatened species in violation of the ESA. The defendant was convicted in a bench trial before a magistrate judge, and the conviction was affirmed by the district court. Continue reading “Grizzly Bear “Taking” Conviction Reversed by 9th Circuit”