Jul 292015

An en banc panel of the Ninth Circuit affirmed an earlier decision, finding that the Forest Service did not properly explain why it was exempting the Tongass National Forest from the roadless rule (Organized Village of Kake v. U.S. Dep’t of Agriculture, 11-35517). A number of prominent environmental groups had challenged the decision. On the […]

Jul 212015

The D.C. Circuit concluded that Gunpowder Riverkeeper’s challenge to a conditional certificate issued by the Federal Energy Regulatory Commission did not fall within the “zone of interests” protected by the National Environmental Policy Act and Clean Water Act (Gunpowder Riverkeeper v. FERC, 14-1062). “We conclude Gunpowder’s interest in protecting its members’ property from eminent domain […]

Obama designates national monuments

 Posted by on July 14, 2015
Jul 142015

The monuments are Berryessa Snow Mountain in California, Waco Mammoth in Texas, and Basin and Range in Nevada. Announcement from White House blog And from the Federal Register (to be published July 15): Basin and Range National Monument; Establishment (Proc. 9297) ::: PDF – 627.2 KB; 12 pages Permalink Berryessa Snow Mountain National Monument; Establishment […]

Jul 132015
Three angelshark species proposed as endangered

Teen angelshark, can you hear me? If you can, then you may have learned (even down in the depths) that you’ve been proposed as endangered. Not every one of you, mind you, but the National Marine Fisheries Service has proposed to list as endangered three species of angelsharks. “The three species proposed for listing are […]

Jul 082015

The House of Representatives has passed (or rejected) amendments to a funding bill for fiscal 2016 that target Endangereed Species Act protections for the lesser prairie-chicken, greater sage-grouse, northern long-eared bat, Sonoran desert tortoise, six species of mussels, the Preble’s meadow jumping mouse, and any listed species that have not had five-year status reviews completed […]

Jul 062015

Had to post this line from the opinion (the full text of which is below): “Notwithstanding the constitutional concerns raised in those cases, SWANCC and Rapanos are easily distinguishable on the critical and obvious ground that we are not concerned here with a small intrastate area of wetland; we are dealing with North America’s largest […]

Jul 022015

The Fish and Wildlife Service has released a polar bear Conservation Management Plan that is “more broadly focused than a typical recovery or conservation plan.” The service estimated the cost of implementing the plan over the next five years at about $12.9 million. The plan has not yet been released; a Federal Register notice announcing […]

Jun 302015

And here’s another lawsuit: “The attorneys general of Kansas, Alabama, Florida, Georgia, Kentucky, South Carolina, Utah, West Virginia and Wisconsin call on a federal judge to declare the rule illegal and prevent the EPA and Army Corps of Engineers from enforcing it.” (Topeka Capital-Journal) Reuters coverage Links: Complaint in Texas v. EPA (15-162, SD. Texas) […]

Jun 302015

Updated 9:10 p.m. ET, June 30 — FWS put out a release today titled, “U.S. Fish and Wildlife Service Announces Finding on Gray Wolf Petition,” which notes that the service made a finding that the gray wolf in the lower 48 states should not be reclassified as threatened, as requested by environmental groups. Midwest Region […]