Winston’s Environmental Law Update

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May 17, 2018

2 min read

USFWS Clarifies Stance on Incidental Takings under the MBTA

In an April 11, 2018 guidance memorandum, the U.S. Fish and Wildlife Service (USFWS) reiterated the Trump Administration’s stance that “the take of birds,
eggs or nests occurring as a result of an activity, the purpose of which is not to take birds, eggs or nests, is not prohibited” by the Migratory Bird Treaty Act
(MBTA)....Read more

February 1, 2018

1 min read

Trump Administration Reverses Long-Held Department of Interior Stance on Incidental Takings

In a memorandum dated December 22, 2017, U.S. Department of the Interior (DOI) Principal Deputy Solicitor Daniel Jorjani set forth the Trump
administration’s position that the Migratory Bird Treaty Act (MBTA) does not prohibit so-called “incidental” takes and kills, a significant departure from the
Department’s previous position....Read more

October 11, 2016

2 min read

“Bee” On Alert: USFWS Adds Hawaiian Bee Species to the Endangered Species Act

USFWS Adds Hawaiian Bee Species to the Endangered Species Act for the First Time, More Species Likely to Follow. On September 30, 2016, the U.S. Fish and
Wildlife Service (USFWS) issued a final rule listing ten species as endangered under the Endangered Species Act of 1973 (ESA), including seven yellow-faced
bee species. The bees, which are native to Hawaii, are the first bees to be protected under the ESA. The final rule becomes effective on October ...Read more...Read more

May 27, 2016

1 min read

USFWS Proposes New Eagle Take Permit Regulations

On May 6, 2016, the U.S. Fish and Wildlife Service (USFWS) issued a proposed rule that would, in part, extend the maximum term of eagle incidental take
permits under the Bald and Golden Eagle Protection Act to 30 years....Read more

January 26, 2016

2 min read

USFWS Issues Pro-Wind Energy Sector 4(d) Rule for Northern Long-Eared Bats

The United States Fish and Wildlife Service recently released a final rule under § 4(d) of the Endangered Species Act for the northern long-eared bat that
contains a key exception for wind energy facilities. ...Read more

June 19, 2015

1 min read

FWS Takes Next Step Toward a Revised Migratory Bird Incidental Take Permits Regime

On May 26, 2015, the U.S. Fish and Wildlife Service published a notice in the Federal Register indicating its intent to prepare a programmatic environmental
impact statement pursuant to the National Environmental Policy Act to evaluate the potential environmental impacts of its proposal to create an incidental
take permitting program under the Migratory Bird Treaty Act....Read more

May 11, 2015

1 min read

Federal Agencies Finalize Rule to Amend Incidental Take Statement Regulations

On May 1, 2015, the U.S. Fish and Wildlife Service and National Marine Fisheries Service issued a final rule amending the regulations governing Incidental Take
Statements for endangered and threated species under the Endangered Species Act....Read more

February 18, 2015

1 min read

FWS Moves Toward Permitting Scheme for Unintentional Bird Kills

May 27, 2014

1 min read

EPA Releases Final Cooling Water Intake Structure Rule

December 17, 2013

1 min read

United States Fish and Wildlife Service Extends Eagle Take Permits

September 10, 2012

2 min read

Scotts Miracle-Gro to Pay $10 Million in Criminal Fines and Civil Penalties, and Spend $2.5 Million on Environmental Projects, for Violations of Federal Pesticide Laws

March 5, 2012

1 min read

Major Pesticide Enforcement Action

January 19, 2012

1 min read

Obama Administration Seeks Congressional Authority to Move NOAA into Interior Department

November 9, 2011

1 min read

EPA Announces Schedule for Action on Regional Haze SIPs

About This Blog

Winston’s Environmental Law Update focuses on environmental legal, regulatory, and policy issues facing manufacturers, energy, retailers, real estate, and financial institutions. As the political, corporate, and regulatory responses to recent environmental initiatives evolve, it is our goal to help our clients understand the risks and opportunities these initiatives present and develop strategic responses that cut across multiple legal disciplines. The blog provides an avenue to bridge the gap between law and policy, compliance, and execution.