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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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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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Second District Court of Appeal Rejects Conservation Group Challenge to EIR for Newhall Ranch Development

by Rick McNeil and Colin Higgins In Center for Biological Diversity, the California Department of Fish and Wildlife and the Army Corps of Engineers (“Department”) certified an EIR assessing the effects of a proposed conservation plan, resource management plan, streambed alteration agreement, and incidental take permits relating to the Newhall Ranch specific plan development. The […]

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