Articles Posted in Endangered Species

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 A. National Environmental Policy Act (NEPA).

  1. Presidential Executive Order 13807 (Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects) (August 15, 2017):

Applies to any project that requires approval by multiple federal agencies, requires an EIS, and has a “reasonable availability” of funding.  Requires NEPA reviews to be limited to 2 years, publication of all federal decisions in a single ROD (“One Federal Agency”) and federal authorizations to be issued within 90 days of ROD.

  1. Interior Secretary Order 3355 (Streamlining National Environmental Policy Act Reviews and Implementation of Executive Order 13807) (August 31, 2017).

Limits environmental impact statements to 150 – 300 pages (the latter for unusually complex projects), excluding appendices, for all EIS documents prepared by DOI.  Final environmental impact statements required to be completed within one year from issuance of NOI unless Asst. Sect’y approves 3-month extension. Continue reading →

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On December 22, 2017, the U.S. Department of the Interior’s Office of the Solicitor issued an opinion that resets its view of the Migratory Bird Treaty Act (the “Act”) and could give developers, renewable energy companies, and other industries regulatory relief and certainty for the inadvertent take of migratory birds. Continue reading →

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In addition to the endangered California Red-Legged Frog being named as the official State of California Amphibian (AB 2364), here are some other items of note as we move into 2015:


Tribal Cultural Resources: Under AB 52, for projects for which either an EIR notice of preparation or a notice of negative declaration is filed on or after July 1, 2015, potential impacts on “tribal cultural resources” must be evaluated. For more information on AB 52 and other 2014 CEQA legislation and CEQA court decisions, please click here to see Mike Zischke’s post entitled “CEQA Update: 2014 Case Law And Legislative Developments.”

Oil Pump Silhoutte Fracking Reporting: Effective January 1, 2015, oil and gas operators must submit quarterly water reports to the State’s Division of Oil, Gas & Geothermal Resources providing information related to fracking activities, such as the source, volume, quality, and disposition of all injected water, the quality, treatment and disposal method of all produced waters, and the source, quality, and use of all other treated and recycled waters used in their oil and gas field activities. For the Legislative Counsel’s Digest and full text of SB 1281 click  here. For DOGGR’s “Notice to Operators” regarding the requirements of SB 1281, click here.

New Wetlands Mitigation Guidelines from the Corps. The U.S. Army Corps of Engineers (Corps) has issued a comprehensive new set of guidelines for mitigation to be required under Section 404 wetland fill permits. Click here to review the post of Clark Morrison and Scott Birkey on the scope and implications of the new guidelines.

Notaries: Effective January 1, 2015, Civil Code Section 1189 requires new wording and formatting for notary acknowledgements. County Recorders will not record documents that are not notarized in compliance with the new provisions of Section 1189. Click here to review the amended Section 1189. Continue reading →

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Sometimes “clarification” requires clarification. That is the case with a recent policy change announced by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service in June 2014 to “clarify” key terms central to the implementation of the Endangered Species Act. The new policy begs the question “How much significance does it take to be significant?”

The ESA is no stranger to controversy, both political and practical. As of November 2, 2014, 487 animals and 728 plants were listed as endangered in the United States. By the time a species is listed, its listing process likely has endured debate and disagreement over whether that species should be listed as endangered, threatened, or not at all. The listing of a species often leads to increased permitting complexity, costs, and delay for projects where that species or its habitat is found on site. Continue reading →