Red-Cockaded Woodpecker/Endangered Species Act: U.S. Fish and Wildlife Service Downlists from Endangered to Threatened
The United States Fish and Wildlife Service (“Service”) published a final rule in the October 25th Federal Register changing the Endangered Species Act (“ESA”) classification of the Red-Cockaded Woodpecker (“Woodpecker”). See 89 Fed. Reg. 85294. The final rule changes the Woodpecker from an…
Riparian Encroachment: New Jersey Appellate Court Addresses Adverse Possession Claim
Co-Author Jesse Long The Superior Court of New Jersey, Appellate Division (“Court”) addressed in an October 4th opinion an issue arising out of an adverse possession action. See Cozy Cove Marina, Inc. vs. Nelson Properties Partnership, 2024 WL 4404027. The adverse possession claim involved an…
Arkansas Natural Resources Commission: November 20th Meeting Scheduled
The Arkansas Natural Resources Commission has scheduled its next meeting for November 20th at 9:00 A.M. The meeting will be held at the Arkansas Department of Agriculture, 1 Natural Resources Drive, Little Rock, Arkansas. The agenda includes the following: Administrative Business. Director’s…
Waters of the United States/Clean Water Act: Federal Court Addresses Jurisdictional Issue
Co-Author Ethan Brown The United States District Court for the Eastern District of Virginia (“Court”) addressed in an August 15th Opinion a Clean Water Act jurisdictional question. See United States v. Chameleon, LLC, No. 3:23-CV-763–HEH, 2024 WL 3835077 (E.D. Va. Aug. 15, 2024). The question…
Railroad Valley Toad/Endangered Species Act: Center for Biological Diversity Notice of Intent to Sue U.S. Fish and Wildlife Service for Failure to List
The Center for Biological Diversity (“CBD”) sent an October 15th 60-day notice of intent to sue to the United States Fish and Wildlife Service (“Service”) for alleged violations of the Endangered Species Act (“ESA”). CBD alleges that the Service has violated the ESA by failing to issue a required…