2016 Endangered Species Act Regulations Sea Level 
Columbia Climate Law
SEPTEMBER 19, 2018
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.
Law Columbia
JULY 6, 2017
Circuit concluded that EPA had acted arbitrarily and capriciously in determining that the four elements of the regulations that had been stayed met these requirements. The district court ruled that EPA was required to conduct such evaluations in October 2016 and set an expedited schedule for EPA’s compliance.
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Law Columbia
OCTOBER 7, 2019
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. California v. Bernhardt , No. 3:19-cv-06013 (N.D.
Law Columbia
MARCH 6, 2018
The court stated that the issue arose “because a necessary and critical element of the hydrological damage caused by defendants’ alleged conduct is the rising sea level along the Pacific coast and in the San Francisco Bay, both of which are navigable waters of the United States.” Public Citizen, Inc. Trump , No. 1:17 -cv-00253 (D.D.C.
Law Columbia
JUNE 6, 2023
The opinion, known as the Bernhardt Memorandum , states that project-specific GHG emissions could not pass the “may affect” test and thus GHG emissions were “not subject to consultation under the ESA and its implementing regulations.” square meters of September sea-ice. 2016) ; Derocher et al. See, e.g., IPCC AR6 WGI Ch.3
Law Columbia
MAY 7, 2021
Circuit’s January opinion vacating EPA’s repeal and replacement of the Obama administration’s Clean Power Plan regulations for controlling carbon emissions from existing power plants. Circuit erred by “untethering” Section 111(d) standards from the existing source being regulated. Supreme Court seeking review of the D.C.
Law Columbia
AUGUST 4, 2021
The Washington Supreme Court ruled that a climate activist should be permitted to present a necessity defense to charges of criminal trespass and unlawful obstruction of a train in connection with a 2016 protest on railroad tracks used by trains carrying coal and oil products. The cases were filed in 2016 , 2020 , and 2021.
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