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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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October 2019 Updates to the Climate Case Charts

Law Columbia

Circuit Ruled that EPA Must Consider Endangered Species in Setting Renewable Fuel Standards. Circuit Court of Appeals sent the 2018 Renewable Fuel Standards rule back to EPA after finding that EPA failed to comply with requirements of the Endangered Species Act.

2019 40
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Using Attribution Science to Evaluate the Effects of Oil and Gas Emissions on Endangered and Threatened Species

Law Columbia

BLM’s decision to exclude GHG emissions from its ESA jeopardy analysis can be traced back to a 2008 legal opinion for the Department of Interior (DOI) which declared that it is impossible to establish a causal connection between project-level emissions and harm to specific species and their habitats.

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May 2020 Updates to the Climate Case Charts

Columbia Climate Law

Montana Federal Court Vacated Nationwide Permit Due to Corps of Engineers Failure to Initiate Consultation Under Endangered Species Act. The court found that there was “resounding evidence” in the record that authorized discharges may affect endangered and threatened species and critical habitat and that the U.S.

2020 40
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July 2021 Updates to the Climate Case Charts

Law Columbia

The federal district court for the District of Montana largely rejected challenges to federal approvals of revisions to the Flathead National Forest Land Management Plan in northwestern Montana but remanded without vacatur for additional analysis of certain issues under the Endangered Species Act.

2021 44