Biodiversity & Species

The Ten Most Important U.S. Environmental Laws

An image of the U.S. Capitol Building in the evening.

Some of the choices may surprise you.

What are America’s most important environmental laws? Some are familiar, such as the federal air and water pollution laws, and the Endangered Species Act. But there are other people rarely hear about — even in environmental law courses — but have done a lot to protect the environment.

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NEPA in the Ninth

Can an agency just shortcut the whole process? The 9th Circuit says no.

On Wednesday, the Ninth Circuit decided a NEPA case that discusses two interesting issues. But what’s most striking isn’t what the court did discuss but what it didn’t mention : the fact that last year’s NEPA amendments  speaks directly to one of those issues. Apparently the word that NEPA was extensively amended a year ago …

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A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

In August, 2021, I blogged on Legal Planet about a piece in Science I had co-authored arguing for an end to prohibiting “nonuse” rights to bid on public land use. The article helped popularize the issue and the Bureau of Land Management today announced a final rule that, as the BLM press release describes, “recognizes …

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Recentering Environmental Law: A Thought Experiment

If we had understood then what we know now. . . .

In 1965, scientists sent LBJ a memo mentioning the risks of climate change. Imagine if history had been a little different. Suppose it had been this memo and a follow-up report, rather than Rachel Carson’s attack on pesticides, that sparked the environmental movement. How would environmental law look different and how might we be thinking about …

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The Not-So-Good News About Carbon Offsets

Recent studies show the significant limits to some carbon offsets. What’s that mean for tropical forest jurisdictions?

In case you missed it: there’s some good news about Amazon deforestation continuing to plunge. Jason Gray and I spoke recently about why tropical deforestation is down in Brazil, Colombia, and Indonesia.  That’s good news because deforestation of tropical forests is a huge source of greenhouse gas emissions. The World Resources Institute’s Forest Pulse report …

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Amazon Deforestation is Down. Here’s Why.

Elections, new government policies at the national and sub-national level, increased law enforcement, and technological advancements have contributed to climate gains in Brazil, Ecuador and beyond.

For several years, headlines about Amazon deforestation have all been bad. But in 2023 the script has been flipped and the good news keeps on coming. Good news in Brazil where deforestation in the Amazon declined 66.1 percent compared to last August. It’s the lowest level for the month of August since 2018 and it …

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UCLA Clinic Submits Amicus Brief in Kern Oil Ordinance Case

Kern County’s efforts to increase drilling could jeopardize the survival of the Temblor legless lizard. The case demonstrates why environmental review must keep pace with emerging science and new information.

The UCLA Environmental Law Clinic has submitted an amicus brief in a case that challenges Kern County’s (the “County”) repeated efforts to streamline oil and gas development without proper regard for myriad environmental harms. The Clinic filed its amicus brief on behalf of Professor H. Bradley Shaffer, Ph. D., one of California’s leading experts on …

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How 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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Digitalization and Predictive Policing in Conservation

Does technology shift focus toward “green policing” and away from integrated conservation and development?

Digitalization is reshaping environmental governance in profound ways. As environmental degradation and climate change intensify, society increasingly turns to digital technologies to live more sustainably and protect biodiversity and other natural resources, such as land, water, and energy. Digital tools are transforming who is involved in environmental decision-making, how environmental problems are understood and assessed, …

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“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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