Biodiversity & Species
Gray Wolf Litigation Summary
I previously discussed the wolf delisting rider to the budget compromise bill. I thought it would be useful to summarize here the recent court opinions concerning the wolf, and consider the effects of the rider on those opinions.
CONTINUE READINGOf Wolves and Men
It looks like one of the losers in the budget compromise will be the wolf. The Tester-Simpson rider, attached to the compromise federal budget bill, will delist wolves from the federal endangered species list in Montana, Idaho, Washington, Oregon and Utah. Heather Hansen, at CU Boulder, has a detailed blog post on the wolf. The …
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CONTINUE READINGEndangered species bizarro-bill introduced
In the Superman comics, everything is backwards in Bizarro World. I thought I must have been unknowingly transported there when I read H.R. 1042, introduced by California Democrat Joe Baca, imaginatively (if incoherently) named the “Discredit Eternal Listing Inequality of Species Takings Act” (the DELIST Act, get it?). (Hat tip: ESA blawg.) The text of …
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CONTINUE READINGA Risky FWS Proposal to Limit ESA Petitions
The Endangered Species Act has long been a lightning-rod for controversy. The last administration tried to significantly circumscribe the scope of the ESA in a wide range of ways (see, e.g, here). The Obama Administration up to this point in time has in general sharply contrasted with its predecessor in ESA management, including listing a …
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CONTINUE READINGRight on the Commerce Clause, wrong on the ESA
Cross-posted at CPRBlog. As Rick noted earlier, the Ninth Circuit is now the fifth federal circuit court of appeals to reject a Commerce Clause challenge to the ESA. In San Luis & Delta-Mendota Water Authority v. Salazar, a Ninth Circuit panel upheld protection of the Delta smelt. I agree with Rick’s analysis of the Commerce …
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CONTINUE READINGNinth Circuit Rejects Commerce Clause Challenge to ESA
Aligning itself with four other federal circuits that have addressed the question, the Ninth Circuit has ruled that application of the Endangered Species Act to California’s imperiled Delta Smelt doesn’t violate the Commerce Clause of the U.S. Constitution. San Luis & Delta-Mendota Water Authority v. Salazar (http://www.ca9.uscourts.gov/datastore/opinions/2011/03/25/10-15192.pdf ) is the latest chapter in the long-running …
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CONTINUE READINGThe question of triage
The latest Delta report issued by the Public Policy Institute of California goes well beyond the Delta. Titled Managing California’s Water: From Conflict to Resolution, the report takes on the entire water management structure set up by state and federal law. There’s a lot in the report, which should be required reading for anyone interested …
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CONTINUE READINGCalifornia’s Delta Stewardship Council Gets Down to Business
Today California’s Delta Stewardship Council begins its deliberations on a Delta Plan that promises to be a big part of the answer to one of that state’s most pressing environmental questions: can California’s Delta be saved? Creation of the Delta Stewardship Council was a key element of landmark 2009 California legislation designed to address the …
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CONTINUE READINGSupreme Court won’t hear critical habitat cases
Cross-posted at CPRBlog. The Supreme Court today denied certiorari on two Endangered Species Act cases, Arizona Cattle Growers Association v. Salazar and Home Builders Association of Northern California v. US Fish and Wildlife Service. The cases were considered together because they raise the same issue: how the economic impacts of critical habitat designation should be …
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CONTINUE READINGGood news? Yes, even this week
It’s been a pretty bad week from an environmental perspective. The House Republicans have dominated the news, passing a continuing resolution for the rest of FY ’11 that would gut environmental programs, block implementation of anti-pollution and species protection requirements, yet make essentially no dent in the national debt. (For commentary on the continuing resolution …
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