On January 14, 2016, the U.S. Fish and Wildlife Service (“USFWS”) published in the Federal Register the Final 4(d) Rule for the Northern Long-Eared Bat. USFWS issues such rules pursuant to Section 4(d) of the Federal Endangered Species Act in order to promulgate regulations that are tailored to the conservation needs of specific threatened or endangered species. The final 4(d) rule issued by USFWS for the Northern Long-Eared Bat prohibits the incidental take of the species in certain circumstances, including incidental takes resulting from tree cutting activities that: (1) occur within 0.25 miles of a known hibernaculum; or (2) result from the cutting or destruction of “known occupied maternity roost trees,” or any other trees within a 150-foot radius of the maternity roost tree during pup season (June 1 through July 31). The final rule replaces the Interim 4(d) Rule issued by USFWS on April 2, 2015.
Citing concerns of negative impacts to forests, the U.S. Fish and Wildlife Service is opposing the proposed Constitution Pipeline carrying gas from Pennsylvania to New York. The Constitution Pipeline, a joint venture of Williams Partners and Cabot Oil & Gas, is a 30-inch underground pipeline extending 121 miles from Susquehanna County in Pennsylvania to Schoharie County in New York. In its comment to the Federal Regulatory Energy Commission, a Fish and Wildlife Service field supervisor called on FERC to evaluate whether existing pipelines carrying gas from Pennsylvania to New York are adequate. The comment also stated that the proposed project would fragment many tracts of forest, resulting in the loss or deterioration of habitat for interior species such as black bear and northern goshawk. The proposed pipeline has its supporters, however. In Delaware County, New York, one of the counties the proposed pipeline will cross, a majority of town supervisors passed a resolution on October 10 stating that the construction of Constitution Pipeline would have a positive economic impact. FERC, which has jurisdiction over the siting of transmission pipelines, extended the public comment period, originally expiring on October 9, to November 9.