Ag and Food Law Daily Update: January 14, 2021
National Law Center
JANUARY 14, 2022
Email important additions HERE. Judicial: The post Ag and Food Law Daily Update: January 14, 2021 appeared first on National Agricultural Law Center.
CBD Lawsuit Challenges Service’s Failure to Prevent Toxic Pesticides from Harming Endangered Species
Endangered Species Law
FEBRUARY 8, 2024
Fish and Wildlife Service (Service) failed to timely analyze the harmful effects of six pesticides on species listed under the Endangered Species Act (ESA) and their habitats.
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Manufacturing Sustainability Surge: Your Guide to Data-Driven Energy Optimization & Decarbonization
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U.S. Fish and Wildlife Service Again Finds Listing of Joshua Trees Not Warranted
Endangered Species Law
MARCH 13, 2023
jaegeriana ) as endangered or threatened species under the Endangered Species Act (ESA) is not warranted. The 12-month finding was made to comply with a September 20, 2021 court-ordered remand of the Service’s previous “not warranted” finding in August 2019.
Environmental Law Topics to Watch in 2022
National Law Center
JANUARY 6, 2022
Environmental law issues were at the forefront in 2021, and 2022 is shaping up to be no different. With on-going lawsuits, The post Environmental Law Topics to Watch in 2022 appeared first on National Agricultural Law Center.
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Fish and Game Commission to Consider Protections for Southern California Steelhead
Endangered Species Law
JANUARY 24, 2022
In July 2021, CalTrout submitted a petition to the California Fish and Game Commission (Commission) to list a population of the fish Oncorhynchus mykiss , referred to as the Southern California Steelhead or Southern Steelhead, as an endangered species under the California Endangered Species Act (CESA).
Diminutive Desert Owl Makes Big Waves
Endangered Species Law
DECEMBER 29, 2021
On December 22, 2021, the U.S. Fish and Wildlife Service (Service) proposed to list the cactus ferruginous pygmy owl ( Glaucidium brasilianum cactorum ) (Owl) as threatened under the Endangered Species Act (ESA) primarily due to threats from climate change and habitat loss and fragmentation.
D.C. Circuit Vacates Biological Opinion Built on Presumption in Favor of Listed Species
Endangered Species Law
JUNE 20, 2023
The court held that a presumption in favor of an endangered species is not required by the Endangered Species Act (ESA) and, further, that such a presumption can distort the agency’s scientific judgment and did so in this circumstance.
Six Island Species to be Removed from ESA Protections
Endangered Species Law
MAY 10, 2021
Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) proposed rules to remove six species from the lists of endangered and threatened wildlife and plants under the Endangered Species Act (“ESA”).
USFWS Ordered to Take Another Look at Joshua Tree
Endangered Species Law
SEPTEMBER 23, 2021
On September 20, 2021, the U.S. Fish and Wildlife Service’s (Service) negative 12-month finding (Finding) on a petition by WildEarth Guardians (Guardians) to list the Joshua tree ( Yucca brevifolia ) as threatened under the Endangered Species Act (ESA).
Lesser Prairie-Chicken Back in Court
Endangered Species Law
OCTOBER 25, 2022
CBD seeks an order from the court declaring the Service is in violation of the Endangered Species Act (ESA) by failing to timely list the LEPC and requiring the Service to publish one or more final rules by a date certain.
Court Dismisses Permitting Challenges to the U.S.’s First Major Offshore Wind Project
The Energy Law Blog
MAY 24, 2023
The plaintiffs’ arguments centered mostly on the project’s impact on an endangered species, the North Atlantic right whale. BOEM approved the Construction and Operations Plan for the Vineyard Wind Project in July 2021, approximately 12 years after BOEM began evaluating the site for wind energy development.
Service Finds Humpback Chub Swimming In The Right Direction
Endangered Species Law
OCTOBER 20, 2021
On October 18, 2021, the U.S. Fish and Wildlife Service (Service) issued a final rule reclassifying the humpback chub ( Gila cypha ), a fish endemic to portions of the Colorado River basin, from endangered to threatened under the Endangered Species Act (ESA).
Ghost Wolves and Genetic Reliquaries
Acoel
JANUARY 20, 2022
While these canids officially count as coyotes – a nettlesome varmint to many Texans – their spectral appearance has sparked local excitement because the wild dogs contain a genetic shadow of their endangered forebears who disappeared from the Gulf Coast long ago. Red Wolf ( Canis rufus ) Historic Range.
Threatened Listing and 4(d) Rule for Texas Plant Species
Endangered Species Law
NOVEMBER 15, 2021
On November 10, 2021, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule to list the bracted twistflower ( Streptanthus bracteatus ), a plant species found only in Texas, as a threatened species under the Endangered Species Act (ESA).
USFWS Lists Alabama Crayfish Species as Endangered, Designates 78 Miles of River as Critical Habitat
Endangered Species Law
SEPTEMBER 10, 2021
On September 8, 2021, the U.S. Fish and Wildlife Service ("USFWS") published a final rule in the Federal Register listing the slenderclaw crayfish as endangered under the Endangered Species Act ("ESA") and identifying approximately 78 miles of river in DeKalb and Marshall Counties, Alabama as critical habitat for the species.
Ninth Circuit Strikes Down ESA 30-Day Listing Petition Rule
Endangered Species Law
MAY 21, 2021
On May 17, 2021, the United States Court of Appeals for the Ninth Circuit held that a U.S. Fish and Wildlife Service (Service) rule requiring that affected states receive a 30-day notice of an intent to file a petition to list a species as endangered or threatened is inconsistent with the Endangered Species Act (ESA).
The Justice Department Announces Successful Enforcement Action Against Trafficking in Protected Wildlife
Arnold Porter
SEPTEMBER 23, 2021
Gutierrez admitted to acting as the middleman between several Mexico-based suppliers and US-based customers and was part of one of the most successful cross-border schemes to illegally trade wildlife in the United States. and the Endangered Species Act (ESA). and the Endangered Species Act (ESA).[[N:16
FWS Proposes Downlisting the Razorback Sucker
Endangered Species Law
JULY 9, 2021
On July 7, 2021, the U.S. Fish and Wildlife Service (FWS) published a proposed rule in the Federal Register announcing the agency’s finding that the razorback sucker ( Xyrauchen texanus ) no longer warrants listing as an endangered species under the federal Endangered Species Act (ESA).
U.S. Fish & Wildlife Service Proposes Listing Bog Buck Moth as Endangered
Endangered Species Law
OCTOBER 21, 2021
Lenhard, Louisiana State University, Bugwood.org On October 14, 2021, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to list the bog buck moth ( Hemileuca maia menyanthevora ) (= H.iroquois ) as endangered under the Endangered Species Act (ESA).
Protection of Lawyers Against Defamation Actions Does Not Apply to Press Releases
Acoel
SEPTEMBER 7, 2021
Posted on September 7, 2021 by Irma Russell. Last month, I served on a panel for the State Bar of Texas Environmental Law Superconference, which focused on an important recent decision by the Texas Supreme Court. 19-0036) , Texas’ highest court provided a memorable example of the interaction of law and ethics rules.
The Western Mega-drought’s Impacts on Practicing Water Law in the West
Acoel
OCTOBER 4, 2021
Posted on October 4, 2021 by Thomas Sansonetti. Consider this advice for budding environmental lawyers: It’s a good time to be practicing water law in the western United States. . In the summer of 2021, the U.S. Thus, under existing law, crops and cattle drink first. People in urban centers drink second.
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Kate Janeway: Employee #10 at TNC in Washington leaves the board and a legacy of environmental service
Washington Nature
FEBRUARY 8, 2024
Leading up to the position, Kate had practiced environmental law but found herself looking for something different. There were no environmental laws in the United States until Congress passed The Clean Air, Clean Water, and Endangered Species Acts in the 1970s,” she said. We are going to have to make [.]
SCOTUS Further Defines Deliberative Process Documents Exempt From FOIA
MGKF Law
MARCH 14, 2021
” On March 4, 2021, in United States Fish and Wildlife Service et al. Read More » Tags: Endangered Species Act , FOIA , Rulemaking. Sierra Club, Inc. , 19-547, the Supreme Court of the United States held that draft biological opinions prepared by the U.S.
Our 2022 State Legislative Priorities
Washington Nature
JANUARY 10, 2022
Salmon Recovery Despite the best efforts of many across our state, salmon species continue to be threatened and on the brink of extinction. The Lorraine Loomis Act will protect and restore riparian habitat — the trees and plants along riverbanks that help to improve water quality and regulate temperature. Advocate with the EPC.
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Removing Carbon Dioxide Through Seaweed Cultivation: Legal Challenges and Opportunities
Law Columbia
SEPTEMBER 7, 2021
federal laws dealing specifically with seaweed cultivation, various general environmental and other laws could apply to projects. Projects may also be subject to state aquaculture permitting laws and state and federal requirements to consult with Native American tribes and other stakeholders. Potentially applicable U.S.
Biden Administration Begins Review of Environmental Regulations
National Law Center
OCTOBER 7, 2021
When the Biden Administration took office in January, 2021, President Biden issued an Executive Order requiring all federal agencies to review. The post Biden Administration Begins Review of Environmental Regulations appeared first on National Agricultural Law Center.
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N.C. Water Quality Legislation (2023)
Smith Enviorment
DECEMBER 14, 2023
Section 14 of Senate Bill 582 d irects DEQ and the EMC to replace the current general permit (in effect since December 1, 2021) with the previous version of NCG530000. Reverting to the earlier permit will eliminate water quality monitoring requirements for nitrogen and phosphorus that were added to the permit in 2021. Under the N.C.
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A Resource Guide for Fish-Friendly Infrastructure Funding
Washington Nature
MAY 2, 2022
With the passage of the 2021 Bipartisan Infrastructure Law , federal agencies are set to invest billions in America’s infrastructure, presenting unique opportunities for our communities to modernize roads in ways that support transportation goals while also protecting salmon and their ecosystems.
Montrose Environmental Group Acquires Environmental Intelligence, LLC
Montrose
JULY 6, 2021
July 6, 2021 – Montrose Environmental Group, Inc. EI’s environmental expertise includes wetlands and water compliance, restoration and revegetation services, and permitting under the Clean Water Act and federal and state Endangered Species Acts. IRVINE, Calif. LAGUNA BEACH, Calif.
St. Valentine’s Other Assignment
Legal Planet
FEBRUARY 14, 2023
Indeed, In 2021, the federal government began consideration of whether the American bumblebee, whose populations have dropped 90%, should be listed as endangered. A 2021 article in the journal Science called neonicotinoids the most insidious of the pesticide threats. One problem bees face is pesticides.
ESA Implementation Thrown Into Flux
Endangered Species Law
JUNE 7, 2021
On June 4, 2021, the Biden Administration announced its intent to rescind or revise several implementing regulations for the Endangered Species Act (ESA) finalized under the prior administration.
Biden Administration Asks Supreme Court to Reject Challenge to ESA Rule
Endangered Species Law
JUNE 2, 2021
On May 14, 2021, the Department of Justice filed a brief with the Supreme Court arguing that the Court should not hear the case of Kansas Natural Resource Coalition v. Department of Interior (“ KNRC ”).
Renewable Energy? For some, the answer may not be blowing in the wind.
Acoel
JUNE 23, 2021
Posted on June 23, 2021 by Steven Miano. This required federal and state permits under the PA Clean Streams Law (PA’s equivalent to the CWA) and 404 permits under the CWA. The state permitting process triggered reviews of state protected species. These projects, including solar and wind are welcomed by many.
ESA Policy News: October 24, 2022
ESA
OCTOBER 24, 2022
Rob Portman (R-OH) reauthorizes the Tropical Forest and Coral Reef Act through FY 2027 and authorizes $20 million a year for the program. This law provides loan forgiveness for developing countries that meet specific benchmarks and agree to contribute to tropical forest and coral reef conservation. Another amendment from Sen.
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Senate Committee Hearing on Proposed FY 2023 EPA Budget Includes Discussion of TSCA and FIFRA Issues
Brag
APRIL 18, 2022
EPA “also has significant responsibility under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to screen new pesticides before they reach the market and ensure pesticides already in commerce are safe.” In August 2021, EPA issued a final rule revoking all tolerances for chlorpyrifos.
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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
NOVEMBER 23, 2021
November 23, 2021. In the 1980s and ‘90s, three salmon and suckerfish species that call the Klamath Basin home were listed under the Endangered Species Act, a move that required USBR to limit surface water for farming during droughts to protect the fishes’ habitats. By Jessica Fu, The Counter.
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Congress Urges Action on Monarch
Endangered Species Law
JUNE 30, 2021
On June 29, 2021, fourteen members of Congress delivered a letter to Secretary of the Interior Deb Haaland, urging the U.S. Fish and Wildlife Service (Service) to use its authority to list the monarch butterfly ( Danaus plexippus ) on an emergency basis under section 4 of the Endangered Species Act (ESA).
Service Revises Critical Habitat Designation for Northern Spotted Owl
Endangered Species Law
NOVEMBER 10, 2021
Fish and Wildlife Service (Service) published a final rule revising the critical habitat designation for the northern spotted owl ( Strix occidentalis caurina ) under the Endangered Species Act (ESA). million acres from the species’ critical habitat designation.
September 2021 Updates to the Climate Case Charts
Law Columbia
SEPTEMBER 10, 2021
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. 3, 2021); Vecinos para el Bienestar de la Comunidad Costera v. 20, 2021), No. By Margaret Barry and Korey Silverman-Roati. and non-U.S. 20-1045 (D.C.
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ESA Policy News: August 30, 2021
ESA
AUGUST 30, 2021
UN plans virtual Biodiversity Conference in October 2021 and in-person meeting in April and May 2022. Innovation and Competition Act with representatives from the White House and the Commerce Department. 16, 2021 ). 16, 2021 ). The agency attributes the species status to declining water quality and quantity.
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Did Biden have to approve the Willow oil project?
Legal Planet
MARCH 14, 2023
Partly, this decision illustrates the limits of our environmental laws. The goal of those laws is substantive: to protect the environment. But often those laws impose procedural requirements, not substantive bans on harmful activities. The National Environmental Policy Act (NEPA) provides a good example.
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June 2021 Updates to the Climate Case Charts
Law Columbia
JUNE 8, 2021
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. May 17, 2021). May 24, 2021); Suncor Energy (U.S.A.) May 24, 2021); Shell Oil Products Co., May 24, 2021). June 2, 2021). and non-U.S.
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42 May 2021 Updates to the Climate Case Charts
Law Columbia
MAY 7, 2021
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. EPA’s response to the petitions is due June 3, 2021. 29, 2021); North American Coal Corp. By Margaret Barry and Korey Silverman-Koati. and non-U.S.
2021 40
40 August 2021 Updates to the Climate Case Charts
Law Columbia
AUGUST 4, 2021
Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. July 15, 2021). By Margaret Barry and Korey Silverman-Roati. and non-U.S. climate litigation charts. State of Washington ex rel. Haskell v. 98719-0 (Wash.
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