ESA
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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CONTINUE READINGIs 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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CONTINUE READINGComparing 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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CONTINUE READINGWhat’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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CONTINUE READINGGingrich & The Environment
Given Newt Gingrich’s current spurt in the polls, it’s worth taking a bit of a closer look at his environmental views. He favors dismantling EPA, which should make him popular with the tea party. But apparently he has problems in that quarter: The reaction from some conservative commentators was swift and harsh. “Intellectually incoherent,” said …
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CONTINUE READINGInterior releases “regulatory look-back” plan
In January, President Obama issued an executive order calling on all federal agencies to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned. Last week marked the deadline for agencies to submit preliminary plans for …
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CONTINUE READINGOffshore drilling and endangered species — Part 1
Cross-posted at CPRBlog The media have paid a lot of attention to the cavalier attitude of the former Minerals Management Service (now called the Bureau of Ocean Energy Management, Regulation, and Enforcement) toward the National Environmental Policy Act (I blogged about it here and here and Dan weighed in here). Less has been said, so …
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CONTINUE READINGUpdating the Delta litigation line-up
The era of collaboration and cooperation that CalFed briefly brought to management of California’s water system is well and truly over. Lawsuits are multiplying like rabbits, promising to provide full employment for water and natural resource lawyers in California for the foreseeable future. For those of you scoring at home, here are some of the …
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CONTINUE READINGInterior team slowly takes shape
President Obama and Interior Secretary Salazar have begun to trickle out the new leadership team for the Interior Department. So far, the team is heavy on legal talent. Like Secretary Salazar, the first three nominees to subordinate positions all hold JDs. David Hayes was nominated late last month to be Deputy Secretary, the number two …
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CONTINUE READINGDon’t hamstring the Endangered Species Act
The federal Endangered Species Act (ESA) is a vitally important bulwark in the legal protections for our environment in the United States. The ESA provides essential life support to a wide range of species on the edge of extinction, species such as our native salmon, grizzly bears, and California condors. The Act has helped to …
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