Supreme Court Decision Shows More Even-Handed Interpretation of Environmental Statutes
Christopher J. Dunsky of Honigman Miller Schwartz and Cohn LLP
A recent decision by the United States Supreme Court acknowledges that the Endangered Species Act ("ESA"), 16 U.S.C.
"No Surprises" Assurances Under The Endangered Species Act In Jeopardy After Federal Court Ruling
Paul P. "Skip" Spaulding,Scott M. Sellwood,David J. Lazerwitz and Andrew W. Ingersoll of Farella Braun + Martel LLP
On December 11, 2003, the District Court for the District of Columbia struck down an important component of the "no surprises" protections contained in two interrelated regulations implementing the Endangered Species Act ("ESA"). This decision threatens to undermine assurances provided to landowners who have prepared habitat conservation plans under the regulations.
Habitat Conservation Plans and Incidental Take Permits
Interior Department
Publications from the Department of Interior which discusses Habitat Conservation Plans and Incidental Take Permits as defined under the Endangered Species Act.
Environmental Movement Is Catching Up To Wineries
James F. Eastman of Steefel, Levitt & Weiss
High-profile prosecutions relating to unauthorized fill of wetlands, excessive runoff in violation of Regional Water Quality Control Board (RWQCB) standards, and violation of the "take" provisions and/or critical habitat designations of the Endangered Species Act (ESA) have further raised the level of scrutiny for vineyards and other agricultural uses. Wineries and growers are well advised to evaluate and understand early in the process the environmental and land use issues relating to their property.
Summary of the Endangered Species Act
Environmental Protection Agency
This publication provides an overview of the Endangered Species Act (ESA).
Questions & Answers--American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act
Interior Department
Answers to questions regarding American Indian tribal rights, federal-tribal responsibilities and the Endangered Species Act from the Department of Interior.
Wetlands Permitting Alert!
Law Office of Brigit S. Barnes
All U.S. Army Corps of Engineers (Corps) nationwide permits (NWP) expired on January 21, 1997. Work already permitted under the NWP's in force prior to January 21, 1997 will be grand- fathered in.
The Lacey Act (18 U.S.C. 42; 16 U.S.C. 3371-3378)
Interior Department
Summary from the Department of Interior of the Lacey Act which provides authority to the Secretary of the Interior to designate injurious wildlife and ensure the humane treatment of wildlife shipped to the United States.
Critical Habitat Regulations under the New Jersey Endangered and Nongame Species Conservation Act . . . Protecting Habitat or Combating Sprawl?
Vincent J. Mangini and Raymond S. Papperman of Stark & Stark
On July 15, 2003, Bradley Campbell, Commissioner of the New Jersey Department of Environmental Protection ("DEP"), announced his plans to expand the scope of the New Jersey Endangered and Nongame Species Conservation Act ("State Act") by promulgating regulations that protect the habitat of threatened and endangered species. The State Act regulates the taking, possession, transportation, exportation, processing and sale of endangered and certain non-game species and, heretofore, has never been used by the DEP as a comprehensive tool to guide the use and development of land containing critical habitat.
Environmental Bulletin
Waller Lansden Dortch & Davis LLP
Special Legislative Update The deadline for introduction of new legislation in the 1999 Tennessee General Asse.
The Endangered Species Act
Virginia S. Albrecht and James N. Christman of Hunton & Williams LLP
This primer provides an introduction to the Endangered Species Act.
California Streamlines Endangered Species Restrictions
Law Office of Brigit S. Barnes
Three recently enacted bills amend the California Endangered Species Act to address long-standing concerns of land.
Endangered No More: Legal Implications Of Life After The List
Timothy M. Sullivan of Schwabe, Williamson & Wyatt
The Endangered Species Act (ESA) grabs more headlines than nearly any other federal environmental law. Perhaps this is rightfully so. The United States Supreme Court has described the ESA as ?the most comprehensive legislation for the preservation of endangered species ever enacted by any nation.?
Feathers Flying in Battle to Protect Pygmy Owls
Gallagher & Kennedy, P.A.
New federal rules designed to protect the pygmy owl could stall growth near urban areas in Arizona, critics say. .
Major California Legislation Enacted in 1997 Relating to Endangered Species
Pillsbury Winthrop Shaw Pittman LLP
ENDANGERED SPECIES Endangered, Threatened or Candidate Species: Incidental Take Permits S.B. 879 (Johnston.
Land Development in the New Millennium: Navigating Species, Wetlands, Water and Forest Issues
Paul P. "Skip" Spaulding of Farella Braun + Martel LLP
Private land development in California has recently become more complex because of a proliferation of environmental and land use permit approvals at all government levels. Although land development has historically been the province of local governments, federal and state laws that protect wetlands, species, forests and water resources have transformed the project approval process. As a result, land development in the new millennium has changed dramatically.
Update on Water Law
Maria O'Brien of Modrall Sperling
The venerable doctrine of prior appropriation and the requirement of beneficial use remain the engine driving what we know as western water law. These doctrines are being tested and applied in ways not contemplated by their authors or originally intended beneficiaries. Nonetheless, western water law moves forward and, sometimes painfully, but certainly steadfastly, accommodates and endures.
American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act
Interior Department
Publication from the Department of the Interior which discusses Secretarial Order Number 3206 which regulates American Indian tribal rights, federal-tribal trust responsibilities and the Endangered Species Act.
Endangered Species: New Roadblocks to Designation of Critical Habitat
Paul P. "Skip" Spaulding,David J. Lazerwitz and Andrew W. Ingersoll of Farella Braun + Martel LLP
The U.S. Fish and Wildlife Service has made expansive designations of "critical habitat" for wildlife species under the Endangered Species Act in the last three years. These designations typically encompass large swaths of land far beyond where a species is actually known to exist, often without the scientific and economic analyses required.
Congress Moves Toward Revising the Endangered Species Act
Law Office of Brigit S. Barnes
After years of deadlock, Congress may finally revise the Endangered Species Act. SB 1180, "The Endangered Species Recovery Act of 1997," does not alter the basic thrust of the Act, but makes needed revisions to several of its implementing provisions.
Land Protection Policy
Interior Department
Publication from the Department of Interior (DOI) which describes the Do's land acquisition policies when other protective means (e.g., zoning or regulation to achieve program goals) are not appropriate, available or effective.
Digest of Federal Resource Laws of Interest to the United States Fish and Wildlife Service
Interior Department
Digest prepared by the Department of Interior of the Reclamation Projects Authorization and Adjustment Act of 199.
Visiting the United States: Customs Regulations for Nonresidents
US Customs Service
This guide provides an overview of customs regulations for people visiting the United States.
Habitat Conservation Plan (No Surprises) Assurances Final Rule
Interior Department
Publication from the Department of Interior which discusses the 1982 amendments to the Endangered Species Act that authorizes the United States Fish and Wildlife Service to issue to non-Federal entities a permit for the "incidental take" of endangered and threatened wildlife species.
Silver Spring Firm's Environmental, Land Use Specialties Play Influential Role in Friend-of-the-Court Arguments
Lawrence R. Liebesman
An 82-year-old California woman tries to build a home on a vacant lot she owns in NevadaÃÂbut is blocked by a loca.