The House voted last week to pass House Joint Resolution 69. The resolution disapproves of the Fish & Wildlife Service rule, “Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures on National Wildlife Refuges in Alaska,” which was finalized on August 5, 2016. The resolution uses the Congressional Review Act (CRA), which allows Congress […]
Resolution would eliminate updates to planning process for BLM lands
Update: This is currently being considered in the Senate as Senate Joint Resolution 15. House Joint Resolution 44 – A proposal to overturn the BLM’s Planning 2.0 rule for preparing and amending resource management plans. Today the House passed HJR 44, the latest in a flurry of joint resolutions introduced in the House to disapprove […]
States have a number of tools for protecting their own environments from the Feds.
Suppose the Trump Administration launches environmentally harmful projects in a state or wants to allow more pollution there than the state wants. Does the state have any possible recourse? The answer is yes, although states’s defenses have their limitations. There are a number of mechanisms states can use to defend their own environments, if not the […]
A proposal to revoke an Obama Administration rule on methane flaring on public lands
Additional Update: It is being considered in the Senate as Senate Joint Resolution 36. Update: The resolution passed the House on the morning of Saturday, Feb 4. It will next go to the Senate. House Joint Resolution 36 (now being considered as part of House Resolution 74) “Resolved by the Senate and House of Representatives […]
Bill passed by house would increase burden on agency for land-use planning
HR 5 The Regulatory Accountability Act (RAA) Passed House 1/11 Received in the Senate 1/12 Referred to the Senate Committee on Homeland Security and Governmental Affairs This post was co-authored by law student Emma Hamilton. On January 11th, the House passed HR 5, the Regulatory Accountability Act of 2017, which includes a provision mandating new […]
Keeping track of what is happening with our federal public lands
There is a lot of discussion about possible changes in environmental law post-election. One area that has received some attention is public lands. The federal government owns a little less than one-third of the lands of the United States – many of those lands are ecologically valuable, and are components of our priceless national park […]
Will the Antiquities Act survive the new administration?
With one week left in his second term, President Obama’s “monumental” legacy is again at the forefront. Just yesterday, the President expanded, by proclamation, the Cascade-Siskiyou National Monument in Oregon and the California Coastal National Monument, and created three additional national monuments: the Birmingham Civil Rights National Monument and the Freedom Riders National Monument in […]
The Scott Pruitts of the Trump cabinet face some tricky challenges.
There’s even a name for it in sports: “rookie error.” That’s the kind of mistake that talented players make when they’ve been bumped up into the big time.The big issue for appointees like Pruitt is to avoid that kind of mistake — and in the meantime, to accomplish their agendas. By all accounts, Scott Pruitt […]
Climate Change, Endangered Species Act, NEPA, Constitutional Challenges Dominate Court of Appeals’ Docket
In 2016, at least, the U.S. Court of Appeals for the Ninth Circuit was the most important and influential court in the nation when it comes to environmental law. That’s true for two reasons: first, the U.S. Supreme Court only issued one significant environmental law decision last year, in U.S. Army Corps of Engineers v. Hawkes […]
It’s not just cheap natural gas. Even a coal industry revival wouldn’t help Appalachia.
Trump has promised to end the “war on coal” and bring the industry roaring back. The NY Times appropriately called this a “cruel promise,” because cheap natural gas has driven coal to its knees economically. That won’t change under Trump, who has promised even more fracking and gas production. But, as it turns out, even […]