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Oct 22, 2012

Candidate Conservation Agreements and Endangered Species

Thanks to voluntary conservation agreements now in place, the dunes sagebrush lizard will not be listed under the Endangered Species Act (“ESA”).  Scientists at the Fish and Wildlife Service (“FWS”) determined that state-led Candidate Conservation Agreements, or CCAs, across much of the lizard’s habitat in New Mexico and Texas will adequately ensure the rare reptile’s long-term protection and recovery. CCAs are formal, voluntary agreements between the FWS and one or more parties to address the conservation needs of plant and animal species that are candidates for listing under the ESA.  CCAs give new hope to landowners who would like to… Read more


Sep 17, 2012

Nationwide Permits for Dredge and Fill Activity Challenged

In February, the Corps of Engineers (“Corps”) issued revised versions of its 48 nationwide permits (“NWPs”), authorizing certain categories of dredge and fill activities in wetlands and water bodies under Section 404 of the Clean Water Act.  On the same day, the U.S. Fish and Wildlife Service (“FWS”) issued a Biological Opinion (“BiOP”) finding that the Corps’ NWPs do not adequately protect threatened or endangered species, and describing a series of reasonable and prudent alternatives (“RPAs”) to limit harms.  Because FWS consultation is required under the Endangered Species Act (“ESA”), the BiOP resulted in the legality of activities authorized by… Read more