Via my colleagues Barbara Craig, Ryan Steen and Sarah Stauffer Curtiss:

On October 28, 2013, the U.S. Fish and Wildlife Service (“USFWS”) proposed to list the Bi-State distinct population segment (“Bi-State DPS”) of greater sage-grouse (Centrocercus urophasianus) as a threatened species under the Endangered Species Act (“ESA”) and to designate critical habitat for the Bi-State DPS.  

For further details of the proposed listing and designation of critical habitat, see their ESA Law Alert. 

The Bi-State DPS of greater sage-grouse occur in the Mono Basin area of California (Alpine, Mono and Inyo Counties) and Nevada (Carson City, Lyon, Douglas, Mineral and Esmeralda Counties).  According to the USFWS, mining in these areas does not currently pose a significant threat to the Bi-State DPS; however, mining may become a significant threat based on potential mining projects and the proximity of existing operations to the two largest (core) populations in the South Mono and Bodie population management units (in Mono County, California).  

Comments on the proposed listing and critical habitat designation are due by December 27, 2013.

Photo of Michael Sherman Michael Sherman

Michael Sherman focuses his practice on land use, transactional, and federal and state wildlife issues for developers, farmers, and mining and oil and gas companies. His experience includes examining title for unpatented mining claims, negotiating mining leases, conducting acquisition due diligence, permitting new…

Michael Sherman focuses his practice on land use, transactional, and federal and state wildlife issues for developers, farmers, and mining and oil and gas companies. His experience includes examining title for unpatented mining claims, negotiating mining leases, conducting acquisition due diligence, permitting new mines and expansions under SMARA, and resolving compliance issues and enforcement actions by local lead agencies, the SMGB and OMR. Michael also represents upstream oil and gas companies with operations in California, addressing land use, endangered species and regulatory issues and assisting clients with oil and gas title issues, including resolving disputes with mineral and royalty owners and issuing drilling title opinions and division order title opinions.