Biodiversity & Species

When is unoccupied habitat “critical”?

The Supreme Court will hear a challenge to the critical habitat designation for the dusky gopher frog

Controversy and litigation have been pervasive since adoption of the Endangered Species Act in 1973, but the Supreme Court has been a relatively minor player in the law’s development. By my count, the Court so far has only addressed the substantive merits of an ESA claim three times (in TVA v Hill, 437 US 153 […]

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Supreme Court Update: PEPTO and Rinehart

Supreme Court denies review in two important environmental law cases

Last week the US Supreme Court brought closure to two cases we have been following here at Legal Planet. First is a case I had blogged about in the past – People for the Ethical Treatment of Property Owners v. U.S. Fish and Wildlife Service – a challenge to the constitutionality of the federal Endangered […]

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The Anthropocene and private law

Areas such as torts and property will face significant challenges

I’ve posted about how the Anthropocene will see major changes in how humans affect our planet, and how those changes will have major impacts on human society, triggering substantially larger interventions by the legal system in a wide range of individual behavior.  In this post, I want to spin out some of the implications of […]

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The science of the Anthropocene

Human impacts on global natural systems are large and diverse

Climate change is well known now as a major impact of humans on the planet.  But climate change is only one of a wide range of ways in which humans are dramatically changing natural systems at the regional, continental and planetary levels. For instance, greenhouse gas emissions are the driver of anthropogenic climate change.  But […]

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Law in the Anthropocene Era

Human impacts on our planet will trigger changes in our legal system

As becomes more and more evident every day, climate change is increasingly a dominant and sometimes devastating factor for human society and natural systems on a global scale. Much has been, and will continue to be, written about how we as a society can reduce the future impacts of climate change and adapt to the […]

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Where the Wild Things Are

For endangered species, don’t think Alaska or Montana. Think Hawaii and California. And Alabama.

When we think about preserving nature in the United States, we tend to think of the country’s great wilderness areas in places like Alaska and the Rockies. We don’t think about Alabama or Puerto Rico, for instance. But in terms of biodiversity protection, this is almost the opposite of the truth. By and large, the […]

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Public Lands Watch: HR 4239

House bill would give states control of oil and gas leasing process, weaken Presidential power to restrict leasing

Tom Schumann drafted this blog post. Provisions tucked in a House oil and gas development bill would repeal one of the oldest conservation laws and scale back another. The provisions show House Republicans working to make rollbacks by the Trump Administration permanent, consistent with the administration’s “America First” energy campaign. H.R. 4239, reported out of […]

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Public Lands Watch: ANWR and Monuments Updates

Updates on the Arctic National Wildlife Refuge and National Monuments

Two updates on issues that we have been following. First, the Senate passed a tax bill that opens up the Arctic National Wildlife Refuge to oil and gas development – though an initial version of that provision which would have relaxed environmental review of development in the refuge was stripped out.  The bill likely will […]

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The Top 10 Things to Be Thankful For (Environmental Version)

It hasn’t been a good year, to say the least. But there are some things to be thankful for.

Overall, it’s been a pretty lousy year since last Thanksgiving.  If you care about the environment, there are a lot of things NOT to be thankful for, or rather one big thing in the form of He Who Must Not Be Named. But there are also some  things for which we should feel thankful, many  of […]

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ESA Under Attack. Again.

The Washington Post tomorrow is running an Op Ed written with Peter Alagona, a colleague in environmental studies at UCSB. We were approached by the Post and asked to write a piece addressing the current raft of bills that seek to weaken the Endangered Species Act and sharing our views about alternatives. With a tight limit […]

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