Litigation
Court to Interior: Not so fast on rule change
In April, Interior Secretary Ken Salazar asked a federal court to vacate a last-minute Bush administration rule relaxing stream buffer zone requirements for dumping waste from mountaintop removal mining. Salazar said that the rule didn’t pass the smell test, and that it had been improperly issued without ESA consultation. Environmental groups which had challenged the …
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CONTINUE READINGNinth Circuit reinstates Clinton roadless rule
Since the end of the Clinton era, there has been much confusion over the status of roadless areas in the national forests. Yesterday the Ninth Circuit weighed in, ruling in California v. USDA that the Bush administration had unlawfully revised the Clinton administration’s Roadless Rule, and reinstating that rule. The decision, which has been welcomed …
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CONTINUE READINGUS won’t appeal Casitas decision
Last month, when he posted about the Supreme Court taking up the Florida beach renourishment case, Rick noted the possibility that the Court might hear another takings case, Casitas Municipal Water District v. U.S., 543 F.3d 1276 (2008). Indeed, the Casitas case, in which the Federal Circuit held that the physical takings doctrine applied to …
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CONTINUE READINGStanding for trees, redux
The Sunday Boston Globe includes this lengthy piece by Rebecca Tuhus-Dubrow on the revival of arguments first made in the 1970s that nature should be granted legal rights and perhaps even standing in court. USC law professor Chris Stone argued in a celebrated 1972 article that places like the Mineral King valley should be allowed …
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CONTINUE READINGWater wars, eastern style
Those of us in the west have grown used to thinking of water wars as a regional specialty. But they happen in the east too. Florida, Alabama, and Georgia have been in court for nearly 20 years fighting over the waters of the Apalachicola-Chattahoochee-Flint River system, popularly known as the ACF. On Friday, a federal …
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CONTINUE READINGBack to the future in northwest federal forests
Interior Secretary Ken Salazar today announced the withdrawal of the Bush administration’s last-minute revisions of the Northwest Forest Plan. Interior will also ask a federal court to vacate the 2008 modification of critical habitat for the northern spotted owl, and will review the 2008 spotted owl recovery plan, heavily criticized by outside scientists, which was …
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CONTINUE READINGA Silver Lining to the Supreme Court Term for Environmentalists?
In assessing the environmental train wreck that was the just-concluded Supreme Court Term, the question arises: is there anything from that Term from which environmental interests can take comfort? The answer is at least a qualified “yes.” Somewhat lost in the attention focused on the justices’ five major environmental decisions–all of them clear defeats for …
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CONTINUE READINGCorps proposes to require individual permits for mountaintop removal mining
Last month, the Obama administration announced an interagency agreement to develop a coordinated policy on mountaintop removal mining. Now the Army Corps of Engineers has taken the first step toward implementing that promise. The Corps has been permitting mountaintop mining through Nationwide Permit 21, a process that provides little opportunity for public input and environmental …
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CONTINUE READINGOf judges and umpires
With the Senate about to begin hearings on the nomination of Sonia Sotomayor to the Supreme Court and major league baseball at the all-star break, thoughts turn naturally to the intersection of America’s Court and America’s pastime. That intersection, of course, lies at the question of whether the judge should play the same role in …
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CONTINUE READINGBush administration forest planning rules struck down — again
For much of the past decade, the Department of Agriculture regulations governing land and resource management planning in the national forests have been a kind of political ping-pong ball, bounced back and forth between administrations, and between the executive branch and the courts. Now the U.S. District Court for the Northern District of California has …
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