Category Archives: Endangered Species/Wetlands

Koontz U.S. Supreme Court Decision Holds Nollan and Dolan Nexus Requirement Applies to Possible Takings from Permit Denial and Monetary Exactions

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This week the U.S. Supreme Court reversed a Florida Supreme Court decision, holding the nexus and rough proportionality requirements of the Nollan and Dolan takings cases apply to a government’s denial of a permit and demand for money exactions. The doctrine of Nollan and Dolan provides that the government cannot condition approval of a land-use permit on an owner’s relinquishment of a portion of his property without a nexus and rough proportionality between the government’s demand and the effects of the proposed land use. In Koontz vs. St. Johns River Water Management District, Koontz [...]Read more

Pesticide Registration Process Adds New Stakeholder Procedures for Endangered Species Act Consultations

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The Environmental Protection Agency (EPA) is adding new stakeholder input procedures to its pesticide registration review process and consultations under the Endangered Species Act (ESA), including a broader role for the U.S. Department of Agriculture (USDA). EPA released a paper discussing these changes entitled, “Enhancing Stakeholder Input in the Pesticide Registration Review and ESA Consultation Processes and Development of Economically and Technologically Feasible Reasonable and Prudent Alternatives.” The paper was put together by the EPA, the USDA, the National Marine Fisheries Service [...]Read more