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Dusky Gopher Frog’s Louisiana Critical Habitat Spawns U.S. Supreme Court Writ

The Energy Law Blog

Property modifications, including altering the present timber management practices, could return the land to suitable frog habitat but the landowners do not intent to take these steps and the government concedes it cannot compel them to do so. In 2001, the USFWS listed the dusky gopher frog as an endangered species.

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First Aid for Agencies: Accountability in USDA’s Wildlife Services Program is a Century Overdue

Vermont Law

The agency, overseen by APHIS (Animal and Plant Health Inspection Service), regularly contradicts modern sensibilities about how animals should be treated, and maybe more importantly, how government should serve its citizens. In its call to action, the Center and its fellow petitioners presented reasonable solutions to the USDA’s black eye.

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Fifth Circuit Rejects EPA’s Overreaching on CAA and MBTA

The Energy Law Blog

The government argued that any equipment used to separate oil should be considered an “oil-water separator” regardless of whether it contained all the ancillary equipment described in the definition. As a strict liability offense, the government does not need to prove that the defendant had a criminal intent.

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July 2017 Updates to the Climate Case Charts

Law Columbia

The federal government argued that denial of the motion to dismiss was based on clear error and that mandamus was warranted to confine the district court to the lawful exercise of its jurisdiction. Federal Government Moved to Dismiss Keystone Pipeline Challenges. filed June 13, 2017).

2017 40
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How a Federal Drought Relief Program Left Southern Oregon Parched—and Contributed to the Ongoing Groundwater Crisis in the West

Circle of Blue

Our analysis looked at drought responses within the upper Klamath Basin—an 8,000-square-mile ecological region that encompasses most of Klamath County and parts of northern California—and drew from interviews from dozens of sources, including scientists, agricultural groups, tribal representatives, conservation experts, and government officials.

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October 2019 Updates to the Climate Case Charts

Law Columbia

Colorado Federal Court Remanded Local Governments’ Climate Case to State Court. The court said the defendants’ argument that the plaintiffs’ state law claims were governed by federal common law appeared to be a matter of ordinary preemption, which would not provide a basis for federal jurisdiction. Rhode Island v. Chevron Corp. ,

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

2012) ; Cal. This approach has been used to assess the responsibility of specific entities, such as national governments and carbon emitting companies, to climate change-related harms. But the ESA requires that the government conduct a scientific assessment before it reaches that conclusion. See Karuk Tribe of California v.