On July 14, 2026, the U.S. Fish and Wildlife Service (“FWS”) and National Marine Fisheries Service (“NMFS”) (collectively, the “Services”) jointly finalized a rule rescinding the regulatory definition of “harm” under the federal Endangered Species Act (“ESA”). The final rule will take effect 60 days after publication and represents the culmination of the Services’ April
Endangered Species Act Final Regulatory Revisions Released
By Cherise Gaffney on
Posted in Endangered Species Act
The National Marine Fisheries Service (“NMFS”) and the U.S. Fish and Wildlife Service (“USFWS”) (together, the “Services”) have released three final rules related to implementation of the Endangered Species Act (ESA). The rules are available on USFWS’s website and are expected to be published in the Federal Register in the coming days.
The Services have…
Up the Creek Without a Paddle: District Court Holds that Biological Opinion Must Consider Climate Change Impacts
By Wes Miliband on
Posted in Endangered Species Act, Water Quality
In a narrow win for plaintiff Wild Fish Conservancy (“Plaintiff”), the U.S. District Court for the Eastern District of Washington held that the biological opinion (“BiOp”) for the Leavenworth National Fish Hatchery (“Hatchery”) was arbitrary and capricious because the National Marine Fisheries Service (“NMFS”) failed to adequately consider the effects of climate change.
This case concerns a Hatchery located on Icicle Creek about three miles south of Leavenworth, Washington. The purpose of the Hatchery is to replace spawning habitat impacted by construction of the Grand Coulee Dam, and it is operated by the U.S. Fish and Wildlife Service (“FWS”) and the Bureau of Reclamation (“BOR”). Icicle Creek is home to two Endangered Species Act (“ESA”) listed species: the Upper Columbia River Chinook salmon and the Upper Columbia River steelhead.Continue Reading Up the Creek Without a Paddle: District Court Holds that Biological Opinion Must Consider Climate Change Impacts