Tenth Circuit
The ESA and the Commerce Clause
The federal Endangered Species Act (ESA) is widely known for being the primary law in the United States that focuses on protecting biodiversity, and also for being a “pit bull” of environmental laws that has few exceptions and broad sweep. (For instance, the ESA was a major component of the litigation strategy by environmental groups …
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CONTINUE READINGTenth Circuit upholds Clinton-era Roadless Rule
You wouldn’t think courts would still be deciding, late in 2011, whether actions taken by the Clinton Administration were lawful. But they are. Late last month, the Tenth Circuit upheld the Roadless Rule for national forests issued at the very end of the Clinton presidency. The Roadless Rule, which largely prohibited road construction and timber …
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CONTINUE READINGBriefly noted: four recent federal appellate decisions
Here are links to and brief descriptions of four interesting recent decisions from federal appellate courts: Wilderness Society v. Kane County, 10th Cir., en banc, 1/11/2011. This decision is the latest in a long-running dispute over the extent to which Kane County in southern Utah can authorize the use of off-road vehicles on federal lands. …
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CONTINUE READINGNo pre-contamination chicken litter injunction
In a split decision, the Tenth Circuit has upheld a district court decision denying a preliminary injunction sought by the state of Oklahoma against Tyson Foods and other large-scale Arkansas-based poultry producers in an unusual Resource Conservation and Recovery Act case. RCRA allows citizen suits against anyone involved in the “handling, storage, treatment, transportation, or …
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CONTINUE READINGNEPA: middle-aged, but still vigorous
The National Environmental Policy Act, which became law on January 1, 1970, is the oldest of the major federal environmental laws. It has been a model for environmental assessment laws in numerous states and other nations, but it still comes in for a lot of criticism at home. Some criticisms are surely justified. As Dan …
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