Biodiversity & Species
Surprise! Major Land Conservation Bill Poised to Pass Congress
Republican-Led Senate Prepared to Preserve Public Lands–and Political Careers?
Over the past decade, we’ve become resigned to the sad fact of congressional gridlock: a hopelessly partisan and paralyzed Congress, seemingly unable to pass major legislation on the environmental protection, natural resource conservation or, indeed, any number of other policy fronts. So it has to come as a shock to most observers that this week …
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CONTINUE READINGTrump’s Latest Deregulatory Ploy: Emergency Waivers
Shaky legal authority, poor analysis, dubious benefits. What else is new?
In an Executive Order issued last Thursday, Trump told agencies to use emergency waivers to avoid environmental safeguards. The order is legally shaky and unlikely to accomplish much. Still, it provided a nice photo op. Maybe he should have signed it in front of a church. I’ll talk later about the specifics, but first I’d …
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CONTINUE READING(Still More) Bad News on the Doorstep
New Reports Document Accelerating Wildlife Extinctions, Global Deforestation Trends
While public attention in recent weeks and months has understandably focused on the COVID-19 pandemic and the racial justice shockwaves triggered by George Floyd’s tragic death, another disaster continues apace. This week the New York Times published two alarming stories documenting the accelerating decline of our global environment. The first, entitled “Extinctions Are Accelerating, Threatening …
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CONTINUE READINGTop 10 Worst Environmental Decisions in California’s History
Ranking the lost landscapes and environmental features
California has a paradoxical history with its environment. On one hand, the state boasts incredible natural beauty, along with a government that is an internationally recognized leader for strong environmental policies. But the state’s residents have also caused severe environmental destruction, particularly in the late nineteenth century — some of which helped spur the mobilization …
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CONTINUE READINGDeferred Planetary Maintenance
It’s easy to put off long-term problems when there’s a crisis. Much too easy, actually.
Long-term problems get short shrift in a crisis. That’s true of infrastructure repair; it’s also true of climate change. Like deferred maintenance, climate change just gets bigger the longer it’s put off. I often see the fruits of deferred maintenance on the Berkeley campus. Building conditions are a huge problem at Berkeley. Whenever there’s a …
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CONTINUE READINGHow the Coronavirus is (Not) Like Climate Change
The two have some informative parallels, although some observers draw the wrong conclusions
The coronavirus dominates the news and much of our minds. Here at Legal Planet, we have written about the coronavirus and presidential powers, disaster declarations, fossil fuel production, decision-making under uncertainty, inequality, and cities. I will join the party and consider what are the parallels and differences between the coronavirus crisis and anthropogenic climate change, …
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CONTINUE READINGClimate Change Threatens Tropical Fish Stocks. How Should Countries Respond?
As climate change warms the world’s oceans, marine scientists have paid special attention to how this will influence the movement of fish. Recent articles have shown that fish stocks are migrating toward colder waters in the poles. In a piece published yesterday in Nature Sustainability, a group of economists, marine scientists, and I examined for the first …
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CONTINUE READINGYes, there’s a difference between “endangered” and “threatened” species
Federal district court tells FWS its discretion to choose the less protected designation has limits
A recent ruling from the federal District Court in DC provides an important lesson that the US Fish and Wildlife Service would do well to heed: the agency has limited discretion to find that species are threatened rather than endangered. Under the Endangered Species Act (ESA), species can be listed as either endangered (“in danger …
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CONTINUE READINGAnalyzing the revisions to the ESA regulations (Part V)
Overall, the revised regulations increase agency discretion, particularly to avoid consideration of climate change
This is the fifth post in a series. The first post is available here. The second post is available here. The third post is available here. The fourth post is available here. Overall, the biggest takeaways from the proposed regulations are that (a) they are intended to substantially increase the discretion the agencies have in …
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CONTINUE READINGAnalyzing the revised ESA regulations (Part IV)
The most important revisions to the regulations affect how federal agencies avoid harm to endangered species under Section 7 of the ESA
This is the fourth post in a series. The first post is available here. The second post is available here. The third post is available here. The final regulations I am discussing in this post are available here. These are by far the most significant, but also the most complicated changes to the regulations. Section …
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