NEPA

Trump’s Executive Order: Bad Policy and More Uncertainty

President Trump’s Executive Order on climate policy is an invitation to bad policymaking and legal uncertainty. The big-ticket item targeted by the Order, of course, is the Obama Administration’s Clean Power Plan and related rules on carbon dioxide emissions from power plants. The EO has limited immediate legal impact: none of the major rules can …

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The Ninth Circuit’s Top Environmental Law Decisions of 2016

Climate Change, Endangered Species Act, NEPA, Constitutional Challenges Dominate Court of Appeals’ Docket

In 2016, at least, the U.S. Court of Appeals for the Ninth Circuit was the most important and influential court in the nation when it comes to environmental law.  That’s true for two reasons: first, the U.S. Supreme Court only issued one significant environmental law decision last year, in U.S. Army Corps of Engineers v. Hawkes …

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Of Pipelines, Protests, and General Permits

A fight in North Dakota reveals problems in how we permit and review large infrastructure projects

Native American tribes and environmental groups are currently protesting the completion of an oil pipeline in North Dakota.  The pipeline would travel beneath the Missouri River.  Tribes and environmentalists are fighting the pipeline both through litigation and also through direct action (occupying the site where the construction to complete the pipeline beneath the river would …

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Could a Riparian Conservation Network increase the ecological resilience of public lands?

A new article suggests river corridors could leverage existing policies to build habitat connectivity

As we try to protect biological diversity for the future, a perpetual challenge is ensuring that the strategies we adopt today will continue to work in the face of changing conditions. How can we design conservation approaches that will be resilient in the face of environmental challenges that will only become more severe in coming years? …

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Abalones and Gulls and Judges, Oh My!

Comparing the Mono Lake Committee with the Abalone Alliance

For several months now, I have been looking for a good comparison case to the Mono Lake Committee, whose work is one of the great success stories of the modern environmental movement. Why did the Mono Lake Committee succeed when other organizations failed? Lots of organizations had good causes and dedicated leaders: what made Mono …

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2014: Happy Endings & Promising Starts

In most ways, 2014 was a good year for environmental protection, with progress on several fronts.  True, there are warning signs for 2015 — primarily the Republican sweep of the mid-terms and the Supreme Court’s puzzling decision to review toxics regulations for coal-fired power plants.  And of course, there were losses as well as victories, …

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Pine Beetles, Environmental Law, and Climate Change Adaptation

Inflexible laws may be the best response to climate change

Anyone who lives or has visited the Intermountain West over the past decade or so has noticed the devastating impact of a mountain pine beetle epidemic on the pine forests from Arizona and New Mexico all the way up to British Columbia and Alberta.  As a result of warmer winter weather because of climate change, …

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California High Speed Rail Slowed by Court Decisions

Judge rules the train needs a new business plan and project-level environmental review

California Superior Court Judge Michael Kenny dealt two setbacks to high speed rail yesterday that are likely to delay the project significantly.  First, Judge Kenny ruled that the state committee that approved the disbursement of bond money for the project acted without sufficient evidence to justify the disbursal.  California law empowers the High-Speed Passenger Train …

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U.S. Bureau of Land Management Violated NEPA When Selling Oil and Gas Leases in California

On April 8, a federal magistrate judge issued the first major ruling in a California fracking lawsuit, finding that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) by failing to take the necessary “hard look” at the impact of hydraulic fracturing when it sold oil and gas leases in California. …

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