Winston’s Environmental Law Update

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).

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.

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 31, 2016. USFWS will designate critical habitat for the newly protected bee species in a separate rulemaking.

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.

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. 

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.

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.