Brooks Law Digest: Wildlife

The Fish and Wildlife Service has announced it is reopening the comment period on its proposed rule to list the Carolina madtom and the Neuse River waterdog as threatened and established critical habitat for the species under the Endangered Species Act. The agency is accepting comments until August 31, 2020.

Seven nonprofit groups have filed suit against the Council on Environmental Quality, challenging the administration’s newly released final rule updating its regulations instructing federal agencies on how to implement the National Environmental Protection Act.

The National Marine Fisheries Service has found that listing the dwarf seahorse under the Endangered Species Act is not warranted at this time.

An Alaska Native American Tribe has filed suit seeking the removal of the Arctic ringed seal from the list of species protected by the Endangered Species Act.

The Center for Biological Diversity has filed suit against the Department of the Interior for allegedly failing to turn over documents related to the agency’s decision to stop grizzly bear recovery efforts in Washington State under the Freedom of Information Act.

The Center for Biological Diversity has notified the Fish and Wildlife Service of its intent to file suit under the Endangered Species Act challenging the agency’s failure to make a timely listing and critical habitat determinations for the Carolina madtom and the Neuse River waterdog. Following receipt of this letter, the Fish and Wildlife Service has reopened the comment period on its proposed rule to list the species (see below).

The Council on Environmental Quality issued a final rule updating its regulations instructing federal agencies on how to implement the National Environmental Protection Act. The rule limits what “effects” must be considered under the Act and sets a two-year time limit to complete environmental impact statements and a one-year time limit to complete environmental assessments. The rule is set to take effect on September 14, 2020.

The Fish and Wildlife Service has announced it will review the status of the dunes sagebrush lizard to determine whether listing the species under the Endangered Species Act is warranted. The agency is seeking any new information regarding the status of the species or its habitat. 

New York Senate Bill S8750 proposes to amend the state’s endangered species law to include all species designated as endangered or threatened by the Secretary of Interior, even if those species are subsequently removed from the federal list of protected species. 

The Environmental Protection Agency has issued a final rule updating the substantive and procedural requirements for water quality certification under Section 401 of the Clean Water Act. The rule is effective as of September 11, 2020.