Endangered Species Act
Backfilling the federal ESA
AB 1319 is a good first step to responding to efforts to weaken the federal ESA
I wrote this past spring about a proposal by the Trump Administration to eliminate the definition of harm in the regulations implementing the federal Endangered Species Act (ESA), which might eliminate protections from habitat modification for federally listed species. I also noted three different steps California could do to backfill the federal ESA if such …
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CONTINUE READINGTake Two
Trump Administration reasoning around the definition of take appears contradictory
I’ve written before about how the Trump Administration is proposing to eliminate the definition of “harm” in the Endangered Species Act (ESA) regulations – an action that could remove protections for endangered species from habitat modification. The main justification that the Administration is relying upon in the proposal is a claim that the best interpretation …
CONTINUE READINGFilling the gaps from CEQA reform
California has long leaned heavily on CEQA to cover gaps in other environmental laws. That will have to change when we reform CEQA.
California has enacted a major reform for CEQA, creating a substantial exemption for infill urban housing. I’ve written why this is, on balance, beneficial for housing and the environment. But I also want to highlight a pitfall as the state continues looking at future reforms for CEQA. California has long relied on CEQA as a …
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CONTINUE READING100 Days of Anti-Environmental Mayhem
A flood of anti-environmental initiatives threatens to undo decades of progress.
the Administration has withheld funding for clean technology, denounced the very idea of environmental justice, and begun a campaign to gut environmental agencies. And that’s only the first hundred days of Trump’s second term.How far Trump gets with this anti-environmental jihad will depend partly on the courts but mostly on politics. Events relating to the economy and provision of basic government services are likely to have as much impact on how things play out than anything specific to the environment.
CONTINUE READINGThe California ESA and habitat protection
How California can fill in for a reduction in federal protection for endangered speciees
Following up on my prior post about the proposed changes to the federal Endangered Species Act (ESA) regulations that protect against habitat modification, what might California do to protect the species within its border? California currently has 140 federally listed animal species, and 182 federally listed plant species, 19% of the 1684 species listed under …
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CONTINUE READINGWhat’s the Harm?
Tentative thoughts on Trump Administration’s proposed repeal of the ESA regulation defining harm
The administration has proposed revoking the definition of harm in the regulations implementing Section 9 of the Endangered Species Act (ESA). Section 9 is the section of the ESA that prohibits taking a member of a listed species. The change is significant because that definition of harm included, in some circumstances, actions that modify the …
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CONTINUE READINGPrecedent, the Trump Administration, and Endangered Species
A new Trump Administration initiative misinterprets the overruling of Chevron
The Trump Administration’s effort to strip away protections under the Endangered Species Act that had previously been upheld by the Supreme Court. The Administration seems to think they’re entitled to ignore that earlier decision because it was decided under the Chevron test and Chevron has since been overruled. They’re wrong. If it wishes to change the existing interpretation, the agency must give a reasoned argument for doing so that discusses the relevant policy issues, including reliance and the impact of its decision on endangered species.
CONTINUE READINGWhat is a species?
Revisiting a key case in the history of the ESA
This article in the NY Times covers a recent scientific article that concludes that the snail darter, a fish species in the Tennessee River basin that was previously listed for protection under the Endangered Species Act (ESA), is not a species after all. Using a range of genetic analyses, the authors conclude that the snail …
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CONTINUE READINGThe Urgent Need to Address Fire Risk
We need legislative action to accelerate fire risk reduction in general
The Manchin-Barrasso energy permitting bill that I’ve posted about is not the only permitting reform bill that died with the last Congress. The House had passed the “Fix Our Forests Act,” legislation sponsored by Rep. Bruce Westerman, a Republican from Arkansas, with a focus on trying to reduce fire risks on federal (and other) lands. …
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CONTINUE READINGPresident-Elect Trump vs. California: What Lies Ahead?
Will It Be Environmental Law & Policy Deja Vu All Over Again? Or Even Worse?
Californians who care about the environment likely–and justifiably–feel whipsawed this week. Former President Trump (#45) has re-emerged as President-elect Trump (#47), interrupted by the intervening four years of the Biden-Harris presidential administration. (Actually, this presidential whipsaw has been going on for decades: think Bush Sr.-Clinton-Bush Jr.-Obama-Trump-Biden-Trump redux.) In general, California’s progressive environmental laws and policies …
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