By Wes Miliband and Shannon Morrissey on Posted in ESA,Water
In a narrow win for plaintiff Wild Fish Conservancy (“Plaintiff”), the U.S. District Court for the Eastern District of Washington held that the biological opinion (“BiOp”) for the Leavenworth National Fish Hatchery (“Hatchery”) was arbitrary and capricious because the National Marine Fisheries Service (“NMFS”) failed to adequately consider the effects of climate change. This case … Continue Reading
On Wednesday and Thursday this week, the California Senate and Assembly approved Assembly Bill 91 (“AB 91”) and Assembly Bill 92 (“AB 92”), both which are part of the Budget Act of 2015. The legislation allocates $1 billion for emergency response to the state’s ongoing drought. The drought is in its fourth year and Governor … Continue Reading
On January 26, the U.S. Fish and Wildlife Service (“USFWS”) issued a letter to the California High-Speed Rail Authority (the “Authority”) that found that the Authority’s contractors are not in compliance with the Authority’s original environmental commitments to the USFWS in performing the preliminary work on the first segment of the high-speed rail project (the … Continue Reading
The U.S. Fish and Wildlife Service and National Marine Fisheries Service (jointly, the “Services”) recently issued several interrelated proposals that address how critical habitat would be designated under the Endangered Species Act (“ESA”). The Legal Alert analyzing the Services’ proposals, prepared by our colleagues Barbara Craig, Jeff Leppo, Ryan Steen, and Corinna McMackin, is available … Continue Reading
In Ctr. for Biological Diversity v. Dep’t of Fish & Wildlife, No. B245141 (Cal. Ct. App. 2d Dist. Mar. 20, 2014), the appellate court reversed the trial court’s decision, which found that the Department of Fish and Wildlife’s (“Department”) certification of an environmental impact statement and report (“EIR”) was “not supported by substantial evidence.” In … Continue Reading
On August 29, the Center for Biological Diversity served the Bureau of Land Management (BLM) with notice of intent to sue for BLM's failure to reinitiate consultation under the Endangered Species Act (ESA) relating to oil and gas leases and drilling permits issued in California. The notice alleges that BLM has continued to authorize fracking activities in California based on outdated biological opinions that fail to evaluate the impact of new fracking techniques on listed species. If BLM does not reinitiate ESA consultation and "halt ongoing oil and gas leasing and drilling activities" with 60 days of the notice, the Center indicates it will file a citizen suit under the ESA.… Continue Reading
California has two more laws in place to help facilitate development of renewable energy projects after Governor Brown signed Senate Bill 267 and Senate Bill 618 over the weekend. SB 267 modifies the existing requirements to prepare a water supply assessment for projects that meet certain size thresholds. Under the new law, a photovoltaic or … Continue Reading
The Sonoma County Board of Supervisors recently adopted the final measures for moving ahead with the County’s Frost Protection Program (the “Program”). This final act was merely a carry-over from the February 8 meeting where the Board adopted the fee structure for the Program and extended the time frame for implementation of the Program until … Continue Reading
