endangered species
What 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 READINGPearl Harbor Today
82 years after the attack, what is the state of the harbor?
Today is Pearl Harbor Day, the anniversary of the Japanese attack that launched the U.S. into World War II. Those of us who don’t live in Hawaii may not think much about the harbor, but I started to wonder how things were going environmentally there. The geography is more complex than I had expected. I …
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CONTINUE READINGHow Sackett Will Hurt Endangered Species In California
And what the state can do about it
Others have already posted about the Supreme Court’s Sackett decision that significantly cuts back on the geographic scope of Clean Water Act Section 404 regulation protecting wetlands. Understandably, there has been a lot of attention to the direct effects of that change, which means that federal permitting will no longer apply to many wetlands in …
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CONTINUE READING“Fully Protected” No More?
Newsom’s infrastructure package makes a big change for California species protection
Last week, the Newsom administration announced a budget trailer bill package it said was designed to facilitate the deployment of historic federal infrastructure funding for climate-friendly projects. The package consists of 11 separate trailer bills, dealing with a variety of topics ranging from the California Environmental Quality Act (CEQA) to state contracting rules. Unsurprisingly, the …
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CONTINUE READINGLobster Wars
An industry lawsuit against Monterey Aquarium is a blatant assault on free speech.
The Maine lobster industry is suing the Monterey Aquarium for advising consumers to avoid Maine lobsters. This is “cancel culture” on steroids. The Aquarium has taken a stand the industry doesn’t like, so the industry is trying to silence it and its other critics. “Silencing” here is quite literal: the industry is seeking an injunction …
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CONTINUE READINGSt. Valentine’s Other Assignment
Along with lovers, couples, and marriage, he has a more environmental domain.
St. Valentine is associated with love and romance. He is also the patron saint of beekeepers. It’s unclear why. Maybe it’s the association of honey with happiness and affection, especially in the age before chocolate reached Europe. Or maybe it’s because of the “birds and the bees” as models for explaining sex to children. Whatever …
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CONTINUE READINGWhat the Supreme Court Left Standing
No, the Court didn’t eliminate EPA’s ability to fight climate change.
The Supreme Court’s ruling in the West Virginia case left many people with the impression that it eliminated the government’s power to regulate carbon emissions. There are quite a number of areas of climate law that the Supreme Court has left untouched. Here’s the EPA authority the Court hasn’t touched: EPA’s jurisdiction over greenhouse gases. …
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CONTINUE READINGA Beautiful Day for Bumblefish?
A California court just ruled that bumblebees are fish. It’s not as crazy as it sounds.
A California appeals court ruled last week that bumblebees are fish and are therefore protected by the California Endangered Species Act (CESA). That may sound ridiculous, but there’s actually a convoluted legal argument to support the court. That argument does justify giving the CESA some extra coverage beyond what we would ordinarily classify as fish. …
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CONTINUE READINGSt. Paddy Meets Modern Environmental Law
It’s not a match made in heaven.
Department of the Environment, Climate and Communications An tAire Comhshaoil, Aeráide agus Cumarsáide Irish Republic March 17, 470 AD. Dear Mr. Saint Patrick, According to credible reports that have reached this office, you have been involved in the export (“banishing”) of snakes (reptiles of the suborder Serpentes) from Ireland. We are unable to find an …
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CONTINUE READINGReforming the California Endangered Species Act
Updating the state’s landmark biodiversity law for the twenty-first century
California has a rich heritage of biodiversity, with many species found nowhere else in the world (including the iconic giant sequoia trees). But California’s biodiversity faces grave threats – pressures from development that eliminates habitat; water shortages that harm aquatic species in California’s rivers; and climate change impacts that are shifting and altering habitats, among …
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