On September 14, the U.S. Fish and Wildlife Service (FWS) issued a proposal to list the tricolored bat (Perimyotis subflavus) as an endangered species.

The tricolored bat is native to Central America but is now present throughout the Eastern, Central, and Southern United States, including points as far west as Wyoming. In June 2016, the Center for Biological Diversity and Defenders of Wildlife filed a petition with FWS, requesting that the tricolored bat be listed as threatened or endangered and that FWS designates critical habitat for the species. In December 2017, FWS published a finding that the petitioned action may be warranted. FWS’ proposal, which serves as the agency’s 12-month finding on the listing petition, finds that listing the species is warranted based on the best available scientific and commercial information.

However, FWS concluded that because the tricolored bat occupies a wide variety of forested habitat types within a broad geographical range, designating critical habitat is not prudent at this time.

FWS will accept comments on its proposal for 60 days. FWS also plans to hold a public informational meeting and hearing on its proposal on October 12.

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Photo of Andrea Wortzel Andrea Wortzel

Andrea focuses her practice on water quantity and water quality issues, including water rights, water supply planning, and water withdrawal permitting, as well as discharge permitting and TMDL development and implementation. She coordinates a growing and influential stakeholder group focused on water supply…

Andrea focuses her practice on water quantity and water quality issues, including water rights, water supply planning, and water withdrawal permitting, as well as discharge permitting and TMDL development and implementation. She coordinates a growing and influential stakeholder group focused on water supply issues in the Commonwealth of Virginia. Beyond her water practice, Andrea advises clients on endangered species issues, landfill permitting and compliance, waste permitting, environmental compliance and audit programs and environmental enforcement defense. Andrea also regularly counsels clients on legislative and regulatory strategies to promote her clients’ objectives.

Photo of Morgan Gerard Morgan Gerard

Morgan’s practice focuses on advising public and private sector clients on environmental and energy regulatory compliance, including permitting, rulemaking, and enforcement actions. She has focused on following the emerging energy trends and the associated environmental issues that arise in strengthening grid resilience and…

Morgan’s practice focuses on advising public and private sector clients on environmental and energy regulatory compliance, including permitting, rulemaking, and enforcement actions. She has focused on following the emerging energy trends and the associated environmental issues that arise in strengthening grid resilience and modernizing the energy system. Morgan has counseled clients ranging from those engaging in the hydropower licensing and relicensing process to electric utilities, wholesale generators, and distributed energy manufacturers, including electric vehicle manufacturers, solar installers and energy storage providers. She also counsels clients on matters arising under the National Environmental Policy Act, the Federal Power Act, the Clean Air Act, the Clean Water Act, the Coastal Zone Management Act, the Endangered Species Act, and similar state and local regulatory schemes.