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“Experimental Populations” Final Rule: FWS’ Response to Climate Change Threats

Climate change and invasive species are jeopardizing already endangered and threatened species, prompting the U.S. Fish and Wildlife Service (FWS) to finalize its 2023 rule allowing experimental populations to be introduced into habitat outside their historical range, as long as the areas are capable of supporting the experimental population.

What's Happening With Management of Natural Resources?

Since passage of the early natural resource protection laws and regulations in the United States decades ago, legal, technical, and economic practitioners have been challenged with understanding the ever-changing and ever-evolving environmental law and policy landscape. Riveting changes have advanced the position of natural resources and related matters of conservation and biodiversity across domestic and international agendas, in corporate, government, and public interest agendas, and in the lives of everyday citizens.

89 FR 14087

BLM announced its intent to revise the Bureau's policies and procedures for compliance with NEPA, various executive orders, and CEQ's NEPA implementing regulations by proposing to remove four administratively established categorical exclusions (CEs) and to incorporate two CEs established by Congress. 

89 FR 13379

United States v. Navistar, Inc., No. 1:24-cv-00285 (S.D. Ind. Feb. 13, 2024). Under a proposed consent decree, settling CERCLA defendants must reimburse the United States for response costs and are liable for future response costs regarding the release and threatened release of hazardous substances from a former waste oil collection, storage, and transfer facility in Indianapolis, Indiana. 

89 FR 13080

EPA seeks public input on potential charge questions that the Agency could consider when consulting the e-Manifest Advisory Board regarding the operations of EPA's hazardous waste electronic manifest system. 

89 FR 13077

EPA adopted DOE's categorical exclusion for methane gas recovery and utilization systems under NEPA. 

89 FR 13091

United States v. Toa Alta, Puerto Rico, Municipality of, No. 3:21-01087 (D.P.R. Feb. 13, 2024). A proposed second stipulation and final order resolves two claims under RCRA and requires a settling defendant to remove and dispose of leachate in the Toa Alta landfill’s southeast cell and to pay a $50,000 civil penalty. 

89 FR 12980

NMFS listed the Atlantic humpback dolphin as endangered under the ESA. 

89 FR 12335

EPA entered into a proposed cost recovery settlement agreement under CERCLA with Jonathan Deck relating to the Frankfort Asbestos Superfund site located in Frankfort, New York. 

89 FR 11750

FWS determined threatened species status under the ESA for the silverspot butterfly from Colorado, New Mexico, and Utah, and issued a rule under §4(d) under the Act to provide for the conservation of the species.