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Beveridge & Diamond’s 100 lawyers in seven U.S. offices focus on environmental and natural resource law, litigation and dispute resolution. We help clients around the world resolve critical environmental and sustainability issues relating to their products, facilities, and operations. 

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Showing 21 posts in Endangered Species and Wildlife Protection.

Major Changes to Endangered Species Act Regulations Proposed

On July 25, 2018, the Department of the Interior’s Fish and Wildlife Service (“FWS”) and the Department of Commerce’s National Marine Fisheries Service (“NMFS”) (collectively “the Services”) issued three proposed rules that would modify key aspects of their Endangered Species Act (”ESA”) regulations. The proposals respond in part to stakeholder comments submitted to FWS last year as a result of Executive Order 13777, “Enforcing the Regulatory Reform Agenda.” Read More ›

NGOs Challenge Department of Interior’s New Interpretation of “Incidental Take” Liability Under Migratory Bird Treaty Act

National environmental groups recently filed a pair of new lawsuits in New York federal district court seeking to expand the scope of liability for “incidental take” under the Migratory Bird Treaty Act (“MBTA”).[1]  The litigation seeks to overturn recent legal and policy guidance issued by the United States Department of the Interior (“DOI”) and Fish and Wildlife Service (“FWS”) which provided greater regulatory certainty by limiting those agencies’ enforcement actions under the MBTA to claims of intentional harm to migratory birds.  If the new lawsuits prevail, many industries may once again face potential criminal liability for day-to-day operations posing a risk of unintentional effects on migratory birds.  The lawsuits are also a reminder that courts remain split on the scope of MBTA liability, that MBTA enforcement policy may shift between administrations, and that other statutes still make avian protection a key component of environmental planning and compliance at many facilities. Read More ›

Impacts of the 2016 U.S. Election on Environmental Law, Policy, and Enforcement

The 2016 election results will have wide-ranging impacts on the future direction of environmental law, policy, and enforcement in the U.S.  With 100 lawyers in offices around the U.S. focused on environmental and natural resource law and litigation, Beveridge & Diamond helps clients navigate legal and business risks arising from this evolving legal landscape. Read More ›

Parker Moore Quoted in BloombergBNA on the Benefits of Science Training for Attorneys

Parker Moore, a Principal in Beveridge & Diamond's Washington, DC office and leader of the firm’s Endangered Species and Wildlife Protection,Wetlands, and National Environmental Policy Act (NEPA) practice groups, was quoted in a BloombergBNA Daily Environment Report article titled "Science Training Gives Some Attorneys Advantages."  The article discusses how training and degrees in the sciences have advantages in the practice of environmental law. Read More ›

New Conservation Restrictions for the Northern Long-Eared Bat Will Have Limited Impact on Development in Massachusetts

A new Endangered Species Act rule protecting the northern long-eared bat will likely have only limited impact on development and land use activities in Massachusetts due to fairly specific restrictions imposed by the final rule published in January by the U.S. Fish and Wildlife Service (FWS).  See 81 Fed. Reg. 1900 (Jan. 14, 2016).  The northern long-eared bat was listed as a threatened species in April 2015 and its protection was governed by an interim rule until the final rule was published.  Because the range of the northern long-eared bat’s range covers 37 states including Massachusetts and much of New England, land owners, developers, and other stakeholders have been awaiting finalization of the rule. Read More ›

Parker Moore Quoted in BloombergBNA on Likely Legal Challenges to Final ESA Critical Habitat Rules

Parker Moore, a Principal in Beveridge & Diamond's Washington, DC office and leader of the firm’s Endangered Species and Wildlife Protection practice group, was quoted in a BloombergBNA Daily Environment Report article titled "Species Habitat Rules May Face Multiple Lawsuits." The article discusses two recently finalized rules governing the designation of critical habitat area for listed species under the Endangered Species Act (ESA) and the definition of “destruction and adverse modification” of critical habit. Due to the expansive authority asserted by the U.S. Fish and Wildlife Service and NOAA Fisheries, the probability of lawsuits is high. “I fully expect a challenge from both sides,” Mr. Moore said. Read More ›

Parker Moore Quoted in Law360 on Final ESA Critical Habitat Rules

Parker Moore, a Principal in Beveridge & Diamond's Washington, DC office and leader of the firm’s Endangered Species and Wildlife Protection practice group, was quoted in a Law360 article titled "Greens, Industry Call Critical Habitat Rule Fatally Flawed." The article discusses two recently finalized rules governing the designation of critical habitat area for listed species under the Endangered Species Act (ESA) and the definition of “destruction and adverse modification” of critical habit.  In the article, Mr. Moore explains why he thinks the rules will be vulnerable to legal challenge. Read More ›

Parker Moore Quoted in Bloomberg BNA and Law360 on Developing Successful ESA Strategy for Northern Long-Eared Bat

Parker Moore, a Principal in Beveridge & Diamond's Washington, DC office and leader of the firm’s Endangered Species and Wildlife Protection practice group, was quoted in two articles on the U.S. Fish and Wildlife Service’s (FWS) final rule that significantly broadened the activities that may be conducted within the northern long-eared bat’s 37-state range. Read More ›

Parker Moore Quoted in Law360 on Protected Wildlife Developments for 2016

Parker Moore, a Principal in Beveridge & Diamond's Washington, DC office and leader of the firm's Endangered Species and Wildlife Protection practice group, was quoted in a Law360 article titled "Environmental Legislation And regulation To Watch in 2016." Read More ›

Prudence Prevails: Fifth Circuit Supports Narrow Reading of Liability under the Migratory Bird Treaty Act

The U.S. Court of the Appeals for the Fifth Circuit recently ruled that the criminal prohibition on killing or injuring birds under the Migratory Bird Treaty Act (“MBTA”) “only prohibits intentional acts (not omissions) that directly (not indirectly or accidentally) kill migratory birds.”  The appellate court reversed a criminal conviction under the MBTA for the deaths of migratory birds that had become trapped in uncovered equalization tanks containing oil and wastewater.  In so doing, the Fifth Circuit solidified the split among federal courts over the appropriate interpretation of an unlawful “taking” under the MBTA when commercial operations inadvertently impact birds.  In the process, it significantly increased the likelihood of the Supreme Court taking up the issue in the not-too-distant future.  And it further cast doubt on a recently-announced regulatory initiative of the U.S. Fish & Wildlife Service (“FWS”) to create “incidental take permits” under the MBTA covering commercial operations’ impacts on migratory birds. Read More ›