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D.C. Circuit Vacates Biological Opinion Built on Presumption in Favor of Listed Species

Endangered Species Law

On June 16, 2023, in a highly anticipated decision , the United States Court of Appeal for the D.C. 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.

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N.C. Water Quality Legislation (2023)

Smith Enviorment

December 14, 2023. General Assembly returned to a very aggressive effort to influence environmental rules in 2023. The annual Appropriations Act (House Bill 259), the N.C. Reverting to the earlier permit will eliminate water quality monitoring requirements for nitrogen and phosphorus that were added to the permit in 2021.

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Court Dismisses Permitting Challenges to the U.S.’s First Major Offshore Wind Project

The Energy Law Blog

On May 17, 2023, the United States District Court for the District of Massachusetts dismissed plaintiffs’ challenges to the Vineyard Wind Project—the United States’s first major offshore wind project. The plaintiffs’ arguments centered mostly on the project’s impact on an endangered species, the North Atlantic right whale.

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Kate Janeway: Employee #10 at TNC in Washington leaves the board and a legacy of environmental service

Washington Nature

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 [.]

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Senate Committee Hearing on Proposed FY 2023 EPA Budget Includes Discussion of TSCA and FIFRA Issues

Brag

Environmental Protection Agency’s (EPA) proposed fiscal year (FY) 2023 budget. 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.”

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ESA Policy News: October 24, 2022

ESA

In this issue: Apply for the 2023 Katherine S. ESA and other scientific societies file brief arguing that the interpretation of the Clean Water Act is inherently founded on science. Apply for the 2023 Katherine S. ESA invites you to apply for the 2023 Graduate Student Policy Award (GSPA). 1, 2023, 12PM EDT.

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Policy News: January 18, 2022

ESA

Judge orders USFWS to reconsider 2019 decision to not list the Yellowstone bison under the Endangered Species Act. A draft of IPBES’ thematic assessment of invasive alien species and their control is open for review. The report is expected for release in late 2023. Executive Branch. International.

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