ESA
Yes, there’s a difference between “endangered” and “threatened” species
Federal district court tells FWS its discretion to choose the less protected designation has limits
A recent ruling from the federal District Court in DC provides an important lesson that the US Fish and Wildlife Service would do well to heed: the agency has limited discretion to find that species are threatened rather than endangered. Under the Endangered Species Act (ESA), species can be listed as either endangered (“in danger …
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CONTINUE READINGEndangered Deference
The Supreme Court’s recent, misguided, Weyerhaeuser decision displays the Court majority’s hostility to agency expertise
Cross-posted from The Regulatory Review In Weyerhaeuser v. US Fish and Wildlife Service, a unanimous Supreme Court, with Justice Gorsuch not participating, indicated that it is not inclined to defer to agency expertise. Judicial power dominates this Court’s approach to administrative law, not just in the context of Chevron deference, and not just within the …
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CONTINUE READINGMore on saving the monarch butterfly
Both federal and state action are needed, and it will take more than milkweed planting
Eric posted an excellent analysis last month of the desirability of protecting the monarch butterfly under California’s Endangered Species Act (CESA). I wanted to add a brief coda (as well as a couple of pictures) to his post, to emphasize the need for federal as well as state action, and to expand on the steps …
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CONTINUE READINGSupreme Court Issues Narrow Decision in Dusky Gopher Frog Case, Leaving Key Questions About the Scope of Critical Habitat Unresolved for Now
Fifth Circuit Must Now Review Whether Designated Critical Habitat is “Habitat,” & Whether Agency’s Assessment of Costs and Benefits of Critical Habitat Designation Was Arbitrary
The U.S. Supreme Court filed its opinion in Weyerhaeuser v. U.S. Fish and WIldlife Service today. I’ve posted about this case previously here (when our clinic filed its brief on behalf of preeminent scientists) and here (on the day of the oral argument in the case). (Note that this blog post, like all my posts on this …
CONTINUE READINGThe Endangered Species Act in the Supreme Court: Oral Argument Today in Weyerhaeuser v. US Fish & Wildlife Service
Post-Argument Panel at Georgetown Law Will Feature Advocates
Oral argument in Weyerhaeuser v. U.S, Fish & Wildlife Service is this morning, the first day (and first argument) of the new Supreme Court term. The Court will be short-handed, with only eight Justices hearing the case. I’ll be attending the argument and speaking on a post-argument panel at Georgetown Law School, along with other advocates …
CONTINUE READINGUCLA Law Wells Environmental Law Clinic Files U.S. Supreme Court Brief on Behalf of Scientists in Endangered Species Act Case
Scientists’ Brief Argues Federal Agencies and Courts Must Use Science in Interpreting “Habitat” Under the Endangered Species Act; Clinic Clients Include Profs. Stuart Pimm & E.O. Wilson, Along With Three MacArthur “Genius” Award Recipients & Ten Other Esteemed Scientists
Congress enacted the Endangered Species Act in 1973 to protect species at risk of extinction. Congress viewed species extinction as an urgent threat requiring urgent, decisive action. The result was a bipartisan law designed to apply scientific knowledge and expertise to managing the threats to U.S. species. While the Act has been controversial, and characterized …
CONTINUE READINGThe Administration’s offshore oil and gas leasing proposal
Offshore leasing system requires long, complex legal process before drilling can occur
A few weeks ago the Trump Administration announced a new proposed plan to drastically increase the amount of offshore areas available for leasing for oil and gas development – essentially opening up almost all of the waters off of the lower 48 states. The announcement at the time attracted a lot of media attention, but …
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CONTINUE READINGClimate Science Takes Win in Effort to Save Bearded Seal
Ninth Circuit upholds NMFS’s reliance on climate projections to 2095 in decision to list Pacific bearded seal as threatened under ESA
Climate change is expected to wipe out critical habitat of the Pacific bearded seal by 2095. This projection, based on IPCC climate data and models, justifies listing the Beringia distinct population segment of the bearded seal as threatened under the Endangered Species Act, according to a recent Ninth Circuit opinion in Alaska Oil and Gas …
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CONTINUE READINGIs CEQA “Greenmail” A Problem?
Via PropertyProf blog, here’s an article on the real estate blog LA Curbed in which they disclose a previously secret settlement agreement between an LA neighborhood group and a local developer. The agreement resolved potential CEQA litigation by the neighborhood group against a possible condo development proposed by the developer. In particular, Curbed is outraged …
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CONTINUE READINGComparing Canadian and US Environmental Law: Judicial Review
In a prior post, I talked a little about proposed changes to Canadian environmental laws that would roll back significant protections and procedural requirements. I also talked about some of the differences between Canada and the United States that might be the basis for very different histories of environmental law in the two countries. But …
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