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.
Legal Planet
AUGUST 26, 2021
This was a case under the Endangered Species Act. The Supreme Court interpreted the statute to place an absolute priority on preserving endangered species, regardless of the impact on the economy or other government goals. This decision made the Endangered Species Act the strongest of the environmental statutes.
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Law Columbia
OCTOBER 8, 2021
These phenomena are driving changes in species distribution, phenology, and population dynamics, as well as changes in the structure and function of ecosystems and the timing of ecological processes. The paper is a working draft of a law review article to be published in the Yale Journal on Regulation. Read the full paper here.
ESA
JULY 18, 2022
Court strikes down Trump administration Endangered Species Act regulations. IPBES releases reports about valuing nature and the use of wild species. Describes How It Will Regulate Power Plants After Supreme Court Setback – The New York Times. These 2019 regulations allowed the U.S. Executive Branch.
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.” There are many other pathways through which climate change can affect these species (e.g.,
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.
Columbia Climate Law
MAY 8, 2020
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.
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