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Proposed Amendments to Endangered Species Act Regulations Could Curtail Protections for Species Imperiled by Climate Change

Columbia Climate Law

Fish and Wildlife Service (FWS) and NOAA Marine Fisheries (NMFS) issued a sweeping proposal to amend key provisions of the Endangered Species Act (ESA), including provisions pertaining to listing decisions, critical habitat designations, and interagency consultations. By Jessica Wentz. In July, the U.S.

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Climate Litigation Chart Updates – November 2016

Law Columbia

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). Challenge to Aircraft Greenhouse Gas Endangerment Finding Filed. 451962/2016 (N.Y.

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Climate Attribution and the Willow Project: Federal Obligations to Evaluate the Effects of Fossil Fuel Leasing on Endangered Species

Law Columbia

Second, there is robust scientific evidence of the link between greenhouse gas emissions, rising temperatures, and declining sea ice. The 2008 Bernhardt Memorandum Should be Repealed BLM is not unique in its decision to exclude GHG emissions from its ESA consultation for Willow.

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For Whom the Bellwether Tolls: Polar Bears, Climate Change, and Confounding Art with Science

HumanNature

Polar bears were the first species to be listed under the Endangered Species Act proactively. That is, they were listed based on the preponderance of evidence supporting climate change and its effect on their sea ice habitat, and not because their numbers at the time of the 2008 listing were dire 1. 2 Molnár, P.

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The Supreme Court’s Top-10 Environmental Law Decisions

Legal Planet

EPA lost all three of the biggest cases since 2008. This is the case that put teeth into the Endangered Species Act. Resisting the pleas that saving a minor species of fish was not worth halting a dam project, the Court held that the statute meant what it said: protecting endangered species is a paramount value.

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October 2019 Updates to the Climate Case Charts

Law Columbia

Circuit Court of Appeals granted motions seeking to dismiss as moot the proceedings challenging the Obama administration’s Clean Power Plan, which established emission guidelines for greenhouse gases from existing power plants. Circuit Ruled that EPA Must Consider Endangered Species in Setting Renewable Fuel Standards.

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Using Attribution Science to Evaluate the Effects of Oil and Gas Emissions on Endangered and Threatened Species

Law Columbia

The project is controversial due to its contribution to greenhouse gas (GHG) emissions and its location on the North Slope of Alaska, which happens to be the largest undisturbed track of public land in the U.S. and an area that is highly sensitive to climate change.