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Farella Assists Patagonia With Challenge to Federal Agencies’ Weakening of ESA Protections

October 31, 2019 Announcement

Farella Braun + Martel is advising Patagonia on its 60-day notice of intent to sue the United States Department of the Interior and United States Department of Commerce, and their constituent agencies tasked with administering the Endangered Species Act (ESA), the U.S. Fish and Wildlife Service and National Marine Fisheries Service, respectively, for violations of the federal law arising out of the Services’ August 12, 2019 amendments to the ESA implementing regulations in a manner that weakens critical protections for endangered and threatened species and inhibits the agencies’ ability to factor in the effects of climate change in decision-making relating to imperiled species.

Patagonia may file litigation challenging the agencies’ actions if the Services fail to withdraw and/or otherwise fail to cure the above-named violations within 60 days of receiving the notice letter.

Read the op-ed by Patagonia CEO Rose Marcario and the 60-day notice of intent.

Advising Patagonia are David J. Lazerwitz, Carly O. Alameda, Christopher C. Wheeler, and Nicholas C. Moore.

Firm Highlights

News

Farella Braun + Martel Attorneys, Practices Recognized by Chambers USA 2020

SAN FRANCISCO, April 23, 2020: Farella Braun + Martel announces that Chambers USA has recognized 12 lawyers and five practice areas in the legal directory’s 2020 edition. Individual Rankings: Tyler Gerking – Insurance: Policyholders...

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Publication

Supreme Court Ruling Expands Reach of Clean Water Act NPDES Permitting

Read the article on California Ag Net , here . In April, the United States Supreme Court issued a landmark ruling clarifying the reach of the federal Clean Water Act. The Court decided that a...

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Publication

Key PFAS Regulatory Standards Set in California

In support of California’s efforts to investigate and evaluate the presence of per- and polyfluoroalkyl substances (PFAS) in the environment, the San Francisco Bay Regional Water Quality Control Board (Regional Board) has released interim...

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Publication

The Winding Trail Home: Marin County Secures Key Multi-Use Trail Access Decision

With Marin County’s Mt. Tamalpais often considered the birthplace of mountain biking, it should not be surprising that the County finds itself at the forefront of California’s battle over multi-use trail access and consequently...

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Event

Reexamining Indirect Discharges and the Clean Water Act After County of Maui, Hawaii v. Hawaii Wildlife Fund

Sarah Bell will be speaking on this Strafford live webinar, "Reexamining Indirect Discharges and the Clean Water Act After County of Maui, Hawaii v. Hawaii Wildlife Fund ." This CLE webinar will discuss the...

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Publication

New EPA Clean Water Act Rule Attempts to Streamline Permitting Process

Earlier this week, the U.S. Environmental Protection Agency finalized the “Clean Water Act Section 401 Certification Rule” (Rule). The Rule comes with significant procedural and substantive changes to the certification process for infrastructure projects. Under...

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Publication

New Screening Levels for Key PFAS Chemicals Will Spur Regulatory Action at Contaminated Sites

In support of the State Water Resources Control Board’s (State Board) efforts to investigate and evaluate the public health effects of per- and polyfluoroalkyl substances (PFAS), the San Francisco Regional Water Quality Control Board...

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News

EPA Narrows States’ Veto Power Over Infrastructure Projects

Environmental Law Partner Sarah Bell spoke to Bloomberg Law about EPA rule (RIN: 2040-AF86 ), which aims to discourage coastal states from relying on part of the Clean Water Act to block fossil fuel...

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News

SCOTUS Clean Water Act Test ‘Devastating’ for Industry

Sarah Bell commented on the U.S. Supreme Court ruling saying that the Clean Water Act can be used to regulate pollution that travels through groundwater. Read full article, here . The case is  County...

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News

Lawyers See Maui Opinion as Grounds to Challenge Trump Water Rule

Environmental law partner Sarah Bell was quoted in the Bloomberg Law article, "Lawyers See Maui Opinion as Grounds to Challenge Trump Water Rule." In the article, Sarah said the Maui holding will be used...

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