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EPA Must Consult With Other Agencies Before Issuing Water Quality Criteria: Is This an Example of Congressional Use of Behavioral Economics?

Law and Environment

Last month, Judge John Hunderaker held that the Endangered Species Act requires EPA to consult with the Fish and Wildlife Service and the National Marine Fisheries Service before issuing recommended water quality criteria. He also vacated EPA’s 2016 chronic freshwater criterion for cadmium.

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Proposed Amendments to Endangered Species Act Regulations Could Curtail Protections for Species Imperiled by Climate Change

Columbia Climate Law

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.

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Death by a Thousand Cuts: Ontario’s Dismantling of the Endangered Species Act

Enviromental Defense

Unfortunately, changes to regulations in recent years clearly highlight Ontario’s lack of effort to protect these species. Policies that had been put in place to protect species at risk have since been whittled down, most notably by the current provincial government, as a way to prioritize development. Where do we go from here?

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Climate Litigation Chart Updates – November 2016

Law Columbia

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). 24, 2016); Alaska Oil & Gas Association v. Alaska Oil & Gas Association v.

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Protection of Lawyers Against Defamation Actions Does Not Apply to Press Releases

Acoel

This case arose under a dispute involving the Endangered Species Act, but the principles announced by the Court apply to lawyers generally. Animal Legal Defense Fund (No.19-0036) 19-0036) , Texas’ highest court provided a memorable example of the interaction of law and ethics rules. The aquarium is licensed by the USDA.

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The Dusky Gopher Frog Causes Big Problems for Industrial and Commercial Development in Parts of St. Tammany Parish

The Energy Law Blog

In 2010, under the Endangered Species Act (“ESA”), the United States Fish and Wildlife Service (“the FWS”) designated 6,477 acres in Mississippi and Louisiana as “critical habitat” for the Rana sevosa or the dusky gopher frog. 2016 WL 3568093, at *1-2 (5th Cir. June 30, 2016). Markle Interests, L.L.C.

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July 2017 Updates to the Climate Case Charts

Law Columbia

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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