U.S. Endangered Listing for Northern Long-Eared Bat
On November 30, 2022, the U.S. Fish and Wildlife Service (Service) published a Final Rule reclassifying the northern long-eared bat as an endangered species pursuant to the Endangered Species Act (ESA) and updating the bat’s range to 43 states. The Service did respond favorably to commenters’ request for guidance on activities that would or would not affect the bat and for additional resources to assist regulated entities and regulators with consultation and permitting activities. These include the following:
U.S. Fish and Wildlife Propose to List Northern Long-Eared Bat as Endangered Species
On Tuesday, the U.S. Fish and Wildlife Service (Service) proposed to reclassify the northern long-eared bat (Myotis septentrionalis), a bat species found in 38 U.S. states or territories, as an endangered species pursuant to the Endangered Species Act (Act). The Service’s proposed reclassification is a direct response to a federal judge’s court order requiring the Service to revisit its previous listing decision and account for the impact of white nose syndrome (WNS), a disease-causing fungal infection that ultimately results in mortality. The heightened listing for the species is very likely to affect ongoing and future development over a large geographic region, given the species’ range outside of areas affected by WNS. (more…)
Ninth Circuit Lifts Injunction in Response to Company’s Pleas to Meet Construction Deadlines
The U.S. Court of Appeals for the Ninth Circuit recently lifted a preliminary injunction in Fallon Paiute-Shoshone Tribe, et al. v. U.S. Dep’t of Interior. The plaintiffs had challenged construction of the Dixie Meadows Geothermal Utilization Project, which is expected to help Nevada achieve its renewable portfolio requirement and would include two geothermal plants, at least 18 geothermal wells, and approximately 50 miles of transmission lines over a 2,000-acre plot of public land. (more…)