Biodiversity & Species
Governors Lead the Fight on Forests and Climate
To see how governors are leading the fight against deforestation, look no further than a meeting happening this week in Brazil.
When the annual U.N. climate conference descends on the small Brazilian rainforest city of Belém in November 2025, it will be tempting to focus on the drama and disunity among major nations. Only 21 countries had even submitted their updated plans for managing climate change by the 2025 deadline required under the Paris Agreement. The U.S. is pulling out of …
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CONTINUE READINGThe California ESA and habitat protection
How California can fill in for a reduction in federal protection for endangered speciees
Following up on my prior post about the proposed changes to the federal Endangered Species Act (ESA) regulations that protect against habitat modification, what might California do to protect the species within its border? California currently has 140 federally listed animal species, and 182 federally listed plant species, 19% of the 1684 species listed under …
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CONTINUE READINGWhat’s the Harm?
Tentative thoughts on Trump Administration’s proposed repeal of the ESA regulation defining harm
The administration has proposed revoking the definition of harm in the regulations implementing Section 9 of the Endangered Species Act (ESA). Section 9 is the section of the ESA that prohibits taking a member of a listed species. The change is significant because that definition of harm included, in some circumstances, actions that modify the …
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CONTINUE READINGPrecedent, the Trump Administration, and Endangered Species
A new Trump Administration initiative misinterprets the overruling of Chevron
The Trump Administration’s effort to strip away protections under the Endangered Species Act that had previously been upheld by the Supreme Court. The Administration seems to think they’re entitled to ignore that earlier decision because it was decided under the Chevron test and Chevron has since been overruled. They’re wrong. If it wishes to change the existing interpretation, the agency must give a reasoned argument for doing so that discusses the relevant policy issues, including reliance and the impact of its decision on endangered species.
CONTINUE READINGRegulatory Rollbacks: What to Expect
A replay of 2017? Or maybe something more radical? You can probably guess the answer.
Repealing and replacing existing environmental regulations will have a lower priority in this iteration of the Trump presidency – it will often be easier to just ignore the existing regulations or eliminate the regulators rather than the regulations. When it does rollback regulations, the administration will probably take more extreme legal positions and will be more likely to make constitutional arguments against environmental regulation.
CONTINUE READINGDisappointed in National Leadership? Look to States
With nations lagging behind on climate, states and provinces are coming up with investment opportunities to protect forests and ecosystems internationally.
Only 13 of the 195 signatory countries to the Paris Agreement submitted new national plans for tackling climate change by the recent deadline. Meanwhile President Trump has begun the process of the U.S. withdrawing from that agreement — again. This US withdrawal from global leadership is a perfect time to refocus attention and support at …
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CONTINUE READINGWhat 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 READINGWhat Will 2025 Bring in Global Climate Finance?
Last year, international negotiations continued to disappoint on global climate policy, forests, and finance. This year, subnational governments must continue to lead.
As they have for many years, nations came together in 2024 at various climate-related events to push for a brighter future. From the 16th Conference of the Parties (COP) to the Convention on Biological Diversity in Cali, Colombia in October 2024, followed immediately by COP29 to the United Nations Framework Convention on Climate Change (UNFCCC) …
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CONTINUE READINGSix Things to Know about Rights of Nature
More than 500 Rights of Nature laws and policies have been passed globally. Here’s how to make sense of this nascent movement — or movements.
This Fall, I have been co-teaching a course on Rights of Nature with the historian Jill Lepore. This is the first time either of us have taught the subject and it has proven a wonderful opportunity to explore with our students this emerging movement — one that some have praised as “A Legal Revolution That …
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CONTINUE READINGPresident-Elect Trump vs. California: What Lies Ahead?
Will It Be Environmental Law & Policy Deja Vu All Over Again? Or Even Worse?
Californians who care about the environment likely–and justifiably–feel whipsawed this week. Former President Trump (#45) has re-emerged as President-elect Trump (#47), interrupted by the intervening four years of the Biden-Harris presidential administration. (Actually, this presidential whipsaw has been going on for decades: think Bush Sr.-Clinton-Bush Jr.-Obama-Trump-Biden-Trump redux.) In general, California’s progressive environmental laws and policies …
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