Biodiversity & Species Archives - Page 26 of 29

Biodiversity & Species

Relist Yellowstone’s grizzlies?

Grizzly bears in the Yellowstone region were removed from the ESA list in 2007 on the grounds that they had recovered to the point that they no longer needed protection. Now Doug Peacock argues in Environment 360 that Yellowstone’s bears should be returned to the ESA’s protected list. His piece highlights three key challenges for …

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Is dam removal in the offing on the Lower Snake River?

For most of two decades, environmentalists have sought removal of four federal dams on the Lower Snake River for the sake of the northwest’s wild salmon runs. So far, they have been stymied by the agencies that operate the dams — the Corps of Engineers and Bonneville Power Administration — and local utility and industry …

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Pika next test for the ESA?

If you think the polar bear wrangling has been fun, stay tuned. FWS has announced that it will review the status of the American pika to determine if listing is warranted (hat tip: EarthJustice). The pika, also known as the “rock rabbit,” is a cute little creature found in the mountains of the western U.S. …

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ESA in the Everglades

There’s something for everyone to like (and to dislike) in the Eleventh Circuit’s decision in Miccosukee Tribe v. United States. The case involved the Army Corps of Engineers’ management of south Florida’s extensive plumbing system. Compliance with the Endangered Species Act in operating the S-12 gates in the Central and South Florida project poses a …

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Polar bears, wolves, and Obama’s Interior Department

Environmentalists have been absolutely thrilled with the EPA under the leadership of President Obama and Administrator Lisa Jackson. The Department of Interior under Secretary Ken Salazar has drawn more mixed reviews so far. (Dan Tarlock and I wrote about the first 100 days at Interior on the Center for Progressive Reform blog.) Recent news out …

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ESA Does Not Address Carbon Emissions

According to news reports, the Department of Interior has reaffirmed a Bush Administration rule that excludes carbon emissions from regulation under the Endangered Species Act. The Guardian reports: The Obama administration today declined to protect polar bears from the single greatest threat to their survival – the melting of sea ice by global warming. The …

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Section 7 status quo reinstated

Last week, Interior Secretary Salazar and Commerce Secretary Locke issued a press release announcing that they were withdrawing the Bush administration’s midnight rules relaxing the ESA section 7 consultation requirements. (Background on the Bush rules is here, here, and here.) The notice formalizing that decision has now been published in the Federal Register. As Congress …

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The fat lady is warming up — make that singing

UPDATE 4/28: The Secretaries of Interior and Commerce have announced that they are revoking the Bush administration’s midnight rule on ESA section 7 consultation. They apparently are not revoking the special rule on the polar bear (as they were also authorized to do under the omnibus spending bill). We will have more when the formal …

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“Nature,” not nature, makes us happier

Yale professor of psychology Paul Bloom published an essay this week in the New York Times Magazine arguing that the pleasure that “real natural habitats” provide to humans is a significant argument for “preservation” of these habitats. The essay was deeply unsatisfying to me, as it avoided all the hard questions that anyone grappling with the …

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The death of Macho B

Jaguars, the largest new-world cat species, are extremely rare in the United States. The US-Mexico border region marks the very northern edge of their range. They were thought to have been extirpated from the US until one was seen in Arizona in 1996. That, together with a lawsuit by the Center for Biological Diversity, prodded …

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Is 2025 the Year of the Carbon Tax?

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: A Sheep in Wolves’ Clothing?

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

$10 Billion Climate Bond Heads to the California Ballot

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

(Energy) Independence Day

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

California can help meet its climate goals by removing SERP’s sunset date

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland

Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Biodiversity & Species

TRENDING

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Today’s wind and solar resources didn’t come out of nowhere.

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Perplexed? Worried? Here’s a guide to a fraught area of law.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

We used to have the Chevron test? What test do we have now?

Today’s wind and solar resources didn’t come out of nowhere.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.