Endangered Species Act

 

Shifting Baselines: New Guidance From Army Corps And NMFS On ESA Compliance For Work On Existing Structures. According to The National Law Review, “On January 5, 2022, the United States Army Corps of Engineers (the Corps) and the National Marine Fisheries Services (NMFS) (together, the Agencies) issued a joint memorandum addressing the Agencies’ process for evaluating the environmental effects of projects involving existing structures (such as docks, piers, or dams) on listed species and designated critical habitat in Endangered Species Act (ESA) Section 7 consultations (the Memorandum). Building off existing NMFS regional guidance, the Memorandum, applicable nationwide, purports to resolve uncertainty in how the Agencies characterize and analyze projects involving the maintenance, repair, replacement, or modification of an existing structure in their Section 7 consultations. The Memorandum implicates a range of activities related to existing structures, including work on Corps Civil Works projects, fill permits issued under Section 404 of the Clean Water Act, and permits authorizing work on existing structures and work in navigable waters under Section 10 of the Rivers and Harbors Act. The Agencies attempt to add clarity to their approach for evaluating the future impacts of an existing structure as ‘effects of the action’ or as part of the ‘environmental baseline’ in an ESA Section 7 consultation. With respect to Corps-permitted projects, the Memorandum states that future effects from existing structures are not always considered as part of the ‘environmental baseline,’ and that the Agencies will consider whether subsequent activities will cause effects that occur later in time or outside of the immediate area involved in the action, and whether the action could prolong the impacts of the existing structure into the future.” [The National Law Review, 1/19/22 (=)]

 

Endangered & Protected Species

 

MVP Secures Win From DOI. According to Politico, “The U.S. Fish and Wildlife Service on Tuesday filed a notice with FERC largely agreeing with the commission’s conclusion that the latest Mountain Valley Pipeline construction plan will not harm any endangered species along its route. The project had filed an amended proposal with the commission last February, and FERC had asked FWS to review its conclusions that the changes would not adversely affect endangered plants or animals in October. The notice comes as the project continues to face legal challenges. The U.S. Court of Appeals for the D.C. Circuit heard oral arguments from the Sierra Club against the project’s proposed southern expansion on Wednesday, and the environmental group filed another lawsuit earlier this month against West Virginia regulators for granting the project a water quality certificate.” [Politico, 1/20/22 (=)]

 

Wildlife

 

Committee OKs Wildlife Bill, But Partisan Divisions Remain. According to Politico, “A committee debate yesterday on a sweeping wildlife conservation bill exposed deep partisan divisions that could stymie success on an otherwise bipartisan proposal. At a markup of the House Natural Resources Committee, Republicans praised the ‘Recovering America’s Wildlife Act,’ H.R. 2773, as necessary to combat the biodiversity crisis and prevent future additions to the list of endangered species. But they also proposed multiple amendments designed to undermine the Endangered Species Act and the National Environmental Policy Act — federal programs Democrats hold dear. The two parties similarly got no closer to an agreement on a suitable offset for the measure’s nearly $1.4 billion in annual spending, a sticking point a majority of Republicans on the committee said they needed in order to ultimately support the legislation. ‘I take the need for offsets very seriously,’ the committee’s ranking member, Rep. Bruce Westerman (R-Ark.), said. It’s unclear what’s next for a bill that supporters have been pushing for more than five years. Advocates on and off Capitol Hill say it would, if passed, constitute one of the most consequential acts of conservation policy in the last century.” [Politico, 1/20/22 (=)]

 

Teton County Poised To Set National Standard For Wildlife Cohabitation. According to Public News Service, “Wildlife advocates see Teton County’s upcoming revised Lands Development Regulation on feeding wildlife as an opportunity to set a national standard for how communities and wildlife can peacefully co-exist and thrive. Kristin Combs, executive director of Wyoming Wildlife Advocates, said the lion’s share of economic activity in the county is linked to income from people who travel from across the world to see wildlife in their historic habitats. ‘People are coming to this area to see things like bears and wolves, to see our national parks,’ Combs observed. ‘The wildlife here is a big part of our community.’ The county’s planning commission is set to meet Monday to review a draft plan which includes rules aimed to help residents reduce the risk of attracting wildlife onto their property. The commission is expected to deliver the plan to Teton County commissioners for approval in February. Combs pointed out people do not have to wait for the final plan to prevent encounters that can be dangerous for people and frequently deadly for animals.” [Public News Service, 1/20/22 (=)]

 

Wildlife Corridors

 

Op-Ed: Wildlife Crossings Can Save Lives And Help The Environment. According to an op-ed by Zach Schwartz in Oregon Live, “I’ll never forget the night I hit a full-sized buck deer. I had driven this winding, rural road hundreds of times but this night, as I rounded a corner, my headlights revealed a majestic animal frozen in the middle of the road. I slammed on the brakes, bracing both physically and emotionally for the inevitable impact, but it was too late. We are privileged to live in a state with such abundant wildlife — but sadly, far too many Oregon drivers are familiar with this experience. Oregon drivers face the highest likelihood of hitting an animal among West Coast states, according to data from State Farm. In 2020 alone, the Oregon Department of Transportation recorded nearly 6,000 wildlife-vehicle collisions, with deer and elk accounting for the vast majority. These collisions are traumatic, costly and often dangerous events. Wildlife crossings are a proven, win-win solution for protecting both drivers and wildlife. The Lava Butte wildlife underpass, constructed in 2012 between Bend and Sunriver, is one of five in the state and has reduced deer collisions in the area by 85%, yet Oregon lags far behind other western states in implementing wildlife crossings. California and Utah each have 50 wildlife crossings, Colorado has 69, and Nevada has 23. Oregon now has a prime opportunity to catch up. Recently, the House Interim Committee on Environment and Natural Resources held a hearing on solutions for improving wildlife corridors and reducing collisions, including a bill that would allocate $5 million to specific wildlife crossing infrastructure projects. This is exactly what’s needed for Oregon to realize its potential for safer roads.” [Oregon Live, 1/19/22 (+)]

 

Invasive Species

 

Gov. Issues Emergency Order Over Green Crab Infestation. According to Associated Press, “Gov. Jay Inslee has issued an emergency order to address the exponential population growth of the invasive European green crab within the Lummi Nation’s Sea Pond, Makah Bay, Grays Harbor, and Willapa Bay. The emergency order was issued Wednesday in an effort toward eradicating the invasive species and preventing permanent establishment, which would particularly harm endangered species, impact resources that are part of the cultural identity of Washington Tribes and Native peoples, affect small businesses and low-income communities, The Bellingham Herald reported. The order directs the Department of Fish and Wildlife to start implementing emergency measures with funding already available, directs the Department of Ecology, and asks the Department of Natural Resources and the State Parks and Recreation Commission to identify European green crab management as a high priority on state-owned aquatic lands and to facilitate implementing the emergency measures.” [Associated Press, 1/20/22 (=)]

 

 

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