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Controversial BLM 3.0 Proposal Released for Public Comment

On April 3, 2023, the Bureau of Land Management (“BLM”) published a proposed rule to promote the conservation of the 245 million acres of public lands it manages.  The proposal purports to advance “BLM’s mission to manage the public lands for multiple use and sustained yield by prioritizing the health and resilience of ecosystems across […]

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Ninth Circuit Wetlands Ruling Muddies the Waters for Development Nationwide

by John W. Andrews On Thursday, May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit declined to stay on appeal a lower court ruling which has already had a nationwide impact on permitting of oil and gas pipelines that cross streams and wetlands.  The underlying dispute arose from the long-standing controversy over […]

Bird Trouble: Trump Administration Plans for Greater Sage Grouse Shot Down by Federal Court; States Take a Shot Too

by John W. Andrews The greater sage-grouse is a chicken-like bird that is currently found in 11 western states. For more than 25 years, there has been considerable controversy concerning whether to list the greater sage-grouse for protection under the federal Endangered Species Act (ESA).  Because the sage grouse is widespread among sagebrush steppe habitat, […]

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Museum Fire Impact: $12M+ and That’s Just the Money!

by Patrick J. Paul The costs of Flagstaff’s July 2019 Museum Fire, fully contained as of August 15th and for which no cause has yet been determined, are now anticipated to exceed $13,000,000.  To date, the Coconino National Forest Service has spent almost $10 million in dedicated fire suppression efforts.  Meanwhile, Coconino County itself estimates […]

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Trump’s Regulatory Reform Initiatives Meet the Endangered Species Act

by Michael C. Ford The U.S. Fish and Wildlife Service and NOAA Fisheries jointly announced via conference call this morning the publication of proposed revisions to portions of their regulations that implement key sections of the Endangered Species Act (ESA).  The proposed regulations respond to the Trump Administration’s directive to solicit public input on ways […]

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Habitat Mitigation Plans under the ESA and the Law of Entropy; Perhaps It Is Time to Reorganize?

By Cynthia Chandley The Endangered Species Act (ESA) has been around since 1973. It certainly has seen its share of amendments (1978, 1982 and 1988) and it has been the subject of more than its share of litigation. As the law has evolved, its principles have been woven into the fabric of our society, our […]

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