Regulatory Alerts

The U.S. Fish and Wildlife (USFWS) has revised its Mitigation Policy and Endangered Species Act Compensatory Mitigation Policy. These two policies influence how the USFWS will consider and address mitigation goals and standards. The revised policies adopt Obama-era policies that were enacted in 2016 and later repealed in 2017, with some modifications based on previous legal challenges. Project proponents and species conservation bank sponsors seeking to use or create mitigation will have new standards and obligations under these revised policies.

The Bi-State Distinct Population Segment (DPS) of greater sage-grouse is again under review for potential listing with a decision as soon as May 2024. The U.S. Fish and Wildlife Service (USFWS) is requesting any new information since 2013 to make a new listing determination, which could include withdrawal, re-proposal, or a final listing status and critical habitat determination.

Here’s what you should know:

As of March 31, 2023, the final rule to reclassify the northern long-eared bat (Myotis septentrionalis; NLEB) as endangered is in effect. The USFWS recently released several northern long-eared bat consultation tools for project proponents, summarized broadly as follows: