ESA

Endangered Deference

The Supreme Court’s recent, misguided, Weyerhaeuser decision displays the Court majority’s hostility to agency expertise

Cross-posted from The Regulatory Review In Weyerhaeuser v. US Fish and Wildlife Service, a unanimous Supreme Court, with Justice Gorsuch not participating, indicated that it is not inclined to defer to agency expertise. Judicial power dominates this Court’s approach to administrative law, not just in the context of Chevron deference, and not just within the …

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More on saving the monarch butterfly

Both federal and state action are needed, and it will take more than milkweed planting

Eric posted an excellent analysis last month of the desirability of protecting the monarch butterfly under California’s Endangered Species Act (CESA). I wanted to add a brief coda (as well as a couple of pictures) to his post, to emphasize the need for federal as well as state action, and to expand on the steps …

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Supreme Court Issues Narrow Decision in Dusky Gopher Frog Case, Leaving Key Questions About the Scope of Critical Habitat Unresolved for Now

Fifth Circuit Must Now Review Whether Designated Critical Habitat is “Habitat,” & Whether Agency’s Assessment of Costs and Benefits of Critical Habitat Designation Was Arbitrary

The U.S. Supreme Court filed its opinion in Weyerhaeuser v. U.S. Fish and WIldlife Service today. I’ve posted about this case previously here (when our clinic filed its brief on behalf of preeminent scientists) and here (on the day of the oral argument in the case). (Note that this blog post, like all my posts on this …

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The Endangered Species Act in the Supreme Court: Oral Argument Today in Weyerhaeuser v. US Fish & Wildlife Service

Post-Argument Panel at Georgetown Law Will Feature Advocates

Oral argument in Weyerhaeuser v. U.S, Fish & Wildlife Service is this morning, the first day (and first argument) of the new Supreme Court term. The Court will be short-handed, with only eight Justices hearing the case.  I’ll be attending the argument and speaking on a post-argument panel at Georgetown Law School, along with other advocates …

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UCLA Law Wells Environmental Law Clinic Files U.S. Supreme Court Brief on Behalf of Scientists in Endangered Species Act Case

Scientists’ Brief Argues Federal Agencies and Courts Must Use Science in Interpreting “Habitat” Under the Endangered Species Act; Clinic Clients Include Profs. Stuart Pimm & E.O. Wilson, Along With Three MacArthur “Genius” Award Recipients & Ten Other Esteemed Scientists

Congress enacted the Endangered Species Act in 1973 to protect species at risk of extinction.  Congress viewed species extinction as an urgent threat requiring urgent, decisive action.  The result was a bipartisan law designed to apply scientific knowledge and expertise to managing the threats to U.S. species.  While the Act has been controversial, and characterized …

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The Administration’s offshore oil and gas leasing proposal

Offshore leasing system requires long, complex legal process before drilling can occur

A few weeks ago the Trump Administration announced a new proposed plan to drastically increase the amount of offshore areas available for leasing for oil and gas development – essentially opening up almost all of the waters off of the lower 48 states.  The announcement at the time attracted a lot of media attention, but …

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Climate Science Takes Win in Effort to Save Bearded Seal

Ninth Circuit upholds NMFS’s reliance on climate projections to 2095 in decision to list Pacific bearded seal as threatened under ESA

Climate change is expected to wipe out critical habitat of the Pacific bearded seal by 2095.  This projection, based on IPCC climate data and models, justifies listing the Beringia distinct population segment of the bearded seal as threatened under the Endangered Species Act, according to a recent Ninth Circuit opinion in Alaska Oil and Gas …

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Is CEQA “Greenmail” A Problem?

Via PropertyProf blog, here’s an article on the real estate blog LA Curbed in which they disclose a previously secret settlement agreement between an LA neighborhood group and a local developer.  The agreement resolved potential CEQA litigation by the neighborhood group against a possible condo development proposed by the developer.  In particular, Curbed is outraged …

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Comparing Canadian and US Environmental Law: Judicial Review

In a prior post, I talked a little about proposed changes to Canadian environmental laws that would roll back significant protections and procedural requirements.  I also talked about some of the differences between Canada and the United States that might be the basis for very different histories of environmental law in the two countries.  But …

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What’s in the final 2012 spending bill?

I’ve just finished plowing through H.R. 2055, the2012 Consolidated Appropriations Act, which was signed by President Obama last week. I was curious to see how many anti-environmental riders made it into the final bill. I haven’t seen much news coverage of the details of the final bill, and the White House offered no comment when …

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