Ashley Remillard

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Ashley Remillard advises clients on the National Environmental Policy Act and the Endangered Species Act with respect to significant contributors to ecosystem decline in the Sacramento-San Joaquin Delta. Ms. Remillard also works on issues pertaining to the development of habitat conservation plans under the ESA, including the development of the Bay Delta Conservation Plan and the related NEPA analysis.Ms. Remillard's environmental experience is complemented by her experience in public agency and public contract law, construction and procurement law, and innovative project delivery methods. Prior to joining Nossaman's Environment & Land Use Practice Group, she was a member of the firm's Infrastructure Practice Group. As a member of that group, she has been the primary associate on large-scale public procurements requiring client contact, day-to-day project management, and coordination of document production. Her responsibilities included drafting procurement and contract documents for design-build and public-private partnership projects. She was also a member of the team working for the Los Angeles County Metropolitan Transportation Authority on possible use of public-private partnerships for development of transit projects.

Latest Articles

On March 15, 2019, the U.S. Fish and Wildlife Service (“Service”) issued a proposed rule to remove the gray wolf (Canis lupus) from the List of Endangered and Threatened Wildlife.  As we reported here, the Service announced its intention to issue the proposed rule earlier this month.  According to the Service, the species’ population has rebounded considerably since it was originally listed in 1978, when the population estimate was approximately 1,000 individuals.  Now, the…
The impacts of the federal government’s partial shutdown have been felt nationwide, as restricted operations and furloughs delay or otherwise complicate governmental processes. As an example, E&E News reports that conservation organizations’ efforts to formally protest proposed revisions to greater sage grouse (Centrocercus urophasianus) conservation plans have been thwarted by alleged problems with the Department of Interior’s website, which restricted access to certain documents due to the partial government shutdown. The deadline for filing protests…
On October 22, 2018, the U.S. Court of International Trade denied the request of various federal agencies to stay an injunction banning the import of Mexican seafood caught with gill nets in the Gulf of California.  The injunction, granted in July, is intended to protect the endangered vaquita porpoise (Phocoena sinus), which can get tangled in commercial fishing gill nets.  The injunction required the United States Department of Commerce, National Marine Fisheries Service, United States…
As we reported here, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (together, the “Services”) recently proposed revisions to the regulations that implement portions of the Endangered Species Act (“ESA”). The submission deadline for comments was September 24, 2018.  If enacted, the Services assert that the proposed revisions would, among other things, streamline ESA consultations with other federal agencies and clarify the jeopardy standard. The proposed revisions sparked a flurry…
In recent weeks, the Trump Administration and Congress have proposed changes to the Endangered Species Act (“ESA”) and its implementing regulations. Lawmakers from the Congressional Western Caucus introduced nine bills that would, according to the 15 legislators that introduced the bills, amend and modernize the ESA.  The lawmakers assert that the bills would also incentivize voluntary conservation efforts, let states enter into “cooperative agreements” for recovery, and prioritize data from local communities in making scientific…
On Friday, May 18, 2018, agencies and organizations throughout the United States will celebrate the 13th annual Endangered Species Day, which recognizes conservation efforts that protect our nation’s imperiled species and their habitats.  Events are scheduled throughout the country to celebrate our biodiversity and efforts to conserve that diversity.  …
As we reported here, the U.S. Supreme Court granted review of the petition for writ of certiorari in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, No. 17-71, on January 22, 2018.  Petitioners challenge a 2-1 panel decision issued by the United States Court of Appeals for the Fifth Circuit, affirming a rule issued by the U.S. Fish and Wildlife Service (Service), 77 Fed. Reg. 35118 (June 12, 2012), that designated “critical habitat” for…
On April 11, 2018, Arizona Governor Doug Ducey signed into law H.B. 2238, which amended the state’s administrative procedure laws to provide that courts are not required to defer to an agency’s legal interpretation in lawsuits over administrative decisions. The amendment effectively eliminated “Chevron deference,” which requires courts to defer to an agency’s reasonable interpretation of an ambiguous statute. The legal doctrine—named for the 1984 Supreme Court decision in Chevron U.S.A. Inc. v. Natural…
On August 28, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court decision upholding a U.S. Fish and Wildlife Service (“Service”) determination that the Sonoran Desert Area bald eagle does not constitute a distinct population segment (“DPS”) under the Endangered Species Act (“ESA”).  Ctr. for Biological Diversity v. Zinke, No. 14-17513, 2017 WL 3687443 (9th Cir. Aug. 28, 2017).  The court deferred to the Service’s interpretation of its DPS policy,…
On August 17, 2017, the National Marine Fisheries Service (NMFS) issued a final rule designating critical habitat for the endangered New York Bight, Chesapeake Bay, Carolina, and South Atlantic Distinct Population Segments (DPSs) of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), and the threatened Gulf of Maine DPS of Atlantic sturgeon.  Collectively, the critical habitat designations total approximately 4,000 miles of aquatic habitat for the five DPSs. Specific areas designated as critical habitat for the five DPSs…