Biodiversity & Species

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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Getting to the root of recurring water conflicts

This post is co-authored by A. Dan Tarlock, Distinguished Professor of Law at Chicago-Kent College of Law, and cross-posted by permission from the Island Press Eco-Compass blog. The western United States is characterized by highly variable and seasonal rainfall patterns. To deal with the constant threat of drought, the West relies on intensively managed water …

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What’s new on the Delta?

Quite a bit, and most of the news is bad. American Rivers has declared the Sacramento-San Joaquin the most endangered river in the United States. The longfin smelt has been listed as threatened by the state, but it is not going to be federally listed, at least not yet. Commercial salmon fishing off the California …

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The Omnibus Public Lands Management Act of 2009–A Macro and Micro View

I’d like to follow up on Sean Hecht’s recent posting concerning Congressional passage and President Obama’s signing into law of the Omnibus Public Lands Management Act of 2009. This massive bill designates two million acres of wilderness in nine states as permanently off-limits to development, and increases the number of river miles protected under the …

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