Endangered Species Act Archives - Page 2 of 10

Endangered Species Act

Launching OPERATION EPIC FURRY

It’s time to rename the Endangered Species Act.

Environmentalists need to do better. at marketing Consider the Endangered Species Act. That’s an accurate but uninspiring name. Where’s the pizzaz? Where’s the spark? And the acronym ESA is just lame.The aspects of the law that appeal most to the public are its protections of iconic creatures like polar bears and cute creatures like black-footed ferrets. Why not take a leaf from Trump’s book and rebrand? Make it big, bold, and appealing: EPIC FURRY. Sounds thrilling! It could stand for Endangered Prized Innocent Creatures Flourishing Under Real Regulatory Yodas. The title doesn’t mean anything, but has a nice Star Wars connection, which never hurt anyone’s marketing. And what regulator wouldn’t like to be compared with Yoda the Jedi Master?

Political Extinction Risk

Species may be vulnerable not just to changes in climate or habitat, but also to changes in politics

Conservation biologists have long studied many different kinds of risks to endangered species: Risks from climate change, or from habitat fragmentation, or from having small populations for extended periods of time. But there is another key component of risk that has not been analyzed yet, but may matter as much or more to many endangered …

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Fake species?

Looking at the data on ESA listed species to see if enviro groups strategically identify species to block development.

This tweet, arguing that it’s “an open secret at this point that environmental activists try to invent fake ‘endangered’ species to block infrastructure projects they don’t like” got a lot of traction. But is it correct? It turns out that a paper I did (with Berry Brosi) about 15 years ago provides some insights into …

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The Trump Administration is Squandering Our Natural Heritage

Proposed Endangered Species Act regulations are designed to stifle protections and provide developers even more power.

The world’s ecosystems have been subject to an increasingly dangerous cocktail of stressors from land and ocean over-development, invasive species, and pollution. But rather than stem the tide of these harms, the Trump administration has resurrected several regulatory changes to the Endangered Species Act designed to stifle species’ protections and provide land developers even more power to …

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Ping-pong government and the ESA

Recent proposed revisions for the ESA just reset the clock to 2020.

The Trump Administration in November proposed revisions to the regulations implementing the Endangered Species Act (ESA). Normally, I would try to do a thoughtful review of the changes and what I think their implications are. But that is really not necessary this time, since what the Administration is proposing is to undo Biden Administration changes …

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Science and Democracy

The scientific process is crucial for a well-functioning democracy.

Beyond its utility, science also models some important features of democracy. It aspires to a marketplace of ideas in which everyone with the needed background knowledge can participate, and in which conclusions are based on debate and data rather than power. As a recent D.C. Circuit case illustrates, the law calls on government agencies to make decisions in the same, considering all the scientific evidence and arguments, then providing a reasoned explanation for its decision.

Fixing Fix Our Forests

The emergency provisions of Fix Our Forests are a key weakness in the bill

The permitting reform bill that has made the most progress through Congress is the Fix Our Forests Act, which I’ve written about here, here, and here. And as I’ve written before, fixing fire management on federal lands should be a top priority for any reforms. I’m not sure that the model of Fix Our Forests …

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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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Take 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 …

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Filling 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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A quick overview of the Senate permitting reform bill

Senate bill has major changes for NEPA, some changes for Clean Water Act

Improving permitting reform

Suggestions to make the permitting reform bill work better and avoid unintended results

NEPA Remedies Revisited

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

A Major Problem with “Permit Certainty”

The permit certainty provision in the permitting reform bill appears to (inadvertently) change the basic standard for enforcement of most federal law

These 3 Numbers Explain Earth System Interventions in 2026

Concerns about passing 1.5C and ‘global dimming’ are driving attention to the prospect of large-scale interventions in Earth systems.

Our Information Ecosystem is Toxic. But We Can Clean It Up

The Drain is a roundup of environmental and climate news from Legal Planet.

Unpacking the Senate Permitting Reform Bill: NEPA

NEPA provisions are substantial in their changes, but (mostly) leave the core of the Act in place

Opening Shots in a War on Doctors

What began as a war on science has now reached your kid’s doctor.

The Other Big Environmental Case at the Supreme Court

Guest contributor Clifford Villa writes that Dept. of the Air Force v. Prutehi Guahan, which will be argued Wednesday, raises profound questions for democracy and environmental justice.

The Arguments We Did and Didn’t Hear in Suncor v. Boulder

Oral arguments in the climate case before the Supreme Court gave hints to possible outcomes. But one of Boulder’s strong answers to the “tort suits are regulation” objection went unmade.

Endangered Species Act

It’s time to rename the Endangered Species Act.

Species may be vulnerable not just to changes in climate or habitat, but also to changes in politics

Looking at the data on ESA listed species to see if enviro groups strategically identify species to block development.

Proposed Endangered Species Act regulations are designed to stifle protections and provide developers even more power.

Recent proposed revisions for the ESA just reset the clock to 2020.

The scientific process is crucial for a well-functioning democracy.

The emergency provisions of Fix Our Forests are a key weakness in the bill

AB 1319 is a good first step to responding to efforts to weaken the federal ESA

Trump Administration reasoning around the definition of take appears contradictory

California has long leaned heavily on CEQA to cover gaps in other environmental laws. That will have to change when we reform CEQA.

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

The Drain is a roundup of climate and environmental news from Legal Planet delivered to your Inbox once a week.

TRENDING

Suggestions to make the permitting reform bill work better and avoid unintended results

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

The permit certainty provision in the permitting reform bill appears to (inadvertently) change the basic standard for enforcement of most federal law

Concerns about passing 1.5C and ‘global dimming’ are driving attention to the prospect of large-scale interventions in Earth systems.

The Trump Administration once again proves shortsighted and spiteful.

Part of it is a move in the right direction. But one provision raises serious questions.

Bill attempts to draw on discrimination law to address disparate treatment for permits, but provision has problems

The Drain is a roundup of environmental and climate news from Legal Planet.

Permit certainty provisions are problematic and unclear in their scope

Changes to the Endangered Species Act are limited in scope

Senate bill has major changes for NEPA, some changes for Clean Water Act

Suggestions to make the permitting reform bill work better and avoid unintended results

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

The permit certainty provision in the permitting reform bill appears to (inadvertently) change the basic standard for enforcement of most federal law

Concerns about passing 1.5C and ‘global dimming’ are driving attention to the prospect of large-scale interventions in Earth systems.

The Drain is a roundup of environmental and climate news from Legal Planet.

NEPA provisions are substantial in their changes, but (mostly) leave the core of the Act in place

What began as a war on science has now reached your kid’s doctor.

Guest contributor Clifford Villa writes that Dept. of the Air Force v. Prutehi Guahan, which will be argued Wednesday, raises profound questions for democracy and environmental justice.

Oral arguments in the climate case before the Supreme Court gave hints to possible outcomes. But one of Boulder’s strong answers to the “tort suits are regulation” objection went unmade.