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Fish and Wildlife Service regulations implementing the federal EndangeredSpeciesAct, evolving protections for the tricolored bat and northern long-eared bat, and potential policy implications of the 2024 election.
The discussion touched on the challenges that exist for developers and the opportunities for improvement throughout various statutes, like the EndangeredSpeciesAct and CleanWaterAct, as well as at implementing agencies and the courts.
This post covers the most significant legislation affecting state water quality protections: AQUACULTURE PERMITTING Replace the existing NPDES General Permit for aquaculture operations. The CleanWaterAct requires a National Pollutant Discharge Elimination System (NPDES) permit for any release of waste to surface waters.
EI’s environmental expertise includes wetlands and water compliance, restoration and revegetation services, and permitting under the CleanWaterAct and federal and state EndangeredSpeciesActs. We’re excited to take things to the next level.”. About Montrose.
Environmental law, or sometimes known as environmental and natural resources law, is a term used to explain regulations, statutes, local, national and international legislation, and treaties designed to protect the environment from damage and to explain the legal consequences of such damage towards governments or private entities or individuals (1).
However, as explained below, siting decisions for pipelines and transmission lines are governed by different laws, and while both are subject to environmental review, their environmental impacts are not comparable. The recent pipeline decisions turned mostly on water quality concerns that are specific to oil and gas projects.
In the previous three years, Congress had passed NEPA, the Clean Air Act, and the CleanWaterAct. Continuing the legislative wave, 1973 saw the passage of the EndangeredSpeciesAct (ESA. 1973 was at the crest of the environmental surge that swept the United States half a century ago.
Senate committee holds hearing for the Recovering America’s Wildlife Act. California, Arizona, Nevada and the federal government reach agreement to reduce water consumption in the Colorado River basin. A draft of IPBES’ thematic assessment of invasive alien species and their control is open for review. Executive Branch.
For example: Ontario undermined Ontario’s EndangeredSpeciesAct protections in 2019 with Bill 108, which empowered the Minister broad and reckless exemptions to let developers destroy endangeredspecies and their habitat, delay extending any protection at all for species that desperately need it, and even “pay to slay” endangeredspecies.
ESA and other scientific societies file brief arguing that the interpretation of the CleanWaterAct is inherently founded on science. Coral Reef Task Force and requires the federal government to create a new national coral reef resilience strategy and new coral reef action plans. McArthur Graduate Student Policy Award.
However, from what I’ve read, it looks likely that the government actually is going to try to issue new regulations. The federal government will also have to vigilantly monitor state and local permitting to identify projects that might violate the new standards. This would hopefully would provide less of a target for attack.
Colorado Federal Court Remanded Local Governments’ Climate Case to State Court. The court said the defendants’ argument that the plaintiffs’ state law claims were governed by federal common law appeared to be a matter of ordinary preemption, which would not provide a basis for federal jurisdiction. Rhode Island v. Chevron Corp. ,
Courts Federal judge blocks news CleanWaterAct rule in Texas and Idaho. Across administrations, the President’s Budget Request is typically viewed as a “wishlist” and allows the administration to demonstrate its priorities and vision for the federal government. The comment period ends March 31, 2023.
In addition, the court found that BLM acted contrary to law by failing to consider a statutory directive to give “maximum protection” to surface values in the Teshekpuk Lake Special Area. Minnesota Court Affirmed Water Quality Certification for Line 3 Replacement Project. Sovereign Iñupiat for a Living Arctic v.
A federal judge overturns the Trump administration’s CleanWaterAct definition. Bureau of Reclamation contributes $19 million for a Colorado River water conservation program. Fish and Wildlife Service proposes removing a notorious species from the threatened list. EndangeredSpeciesAct Removal.
Here are 118 new stories in the PA Environment Digest about individuals, groups, local governments, farmers, businesses, watershed groups and many more working all across Pennsylvania to restore and protect the environment and show others the beauty that surrounds us. 13 [PaEN] -- House Environmental Committee To Hold Dec.
The CleanWaterAct requires that industrial sources reduce their discharges, but it left two big questions unanswered: Would EPA or the states set the pollution limits? A contrary ruling would have gutted the statute, leaving water quality largely subject to state permit authorities. Train, 420 U.S. Hill, 437 U.S.
The court held that federal common law necessarily governed the nuisance claims because “[a] patchwork of fifty different answers to the same fundamental global issue would be unworkable” and “the extent of any judicial relief should be uniform across our nation.” Connecticut ) and Ninth Circuit ( Native Village of Kivalina v.
CleanWaterAct: A memo from the EPA and the Army Corps of Engineers provides guidance about how the Biden administrations will implement a 2020 Trump administration CleanWaterAct rule limiting states’ ability to block infrastructure projects over water quality concerns. Justice Dept. Justice Dept.
Montana Federal Court Vacated Nationwide Permit Due to Corps of Engineers Failure to Initiate Consultation Under EndangeredSpeciesAct. 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.
The CleanWaterAct is a federal law that gives authority to states to protect the nation’s waters. NOAA NMFS – Proposed Rule To List the Sunflower Sea Star as Threatened Under the EndangeredSpeciesAct. An ongoing Supreme Court case (Sackett vs. EPA) has the potential to shape the scope of this law.
404, Rivers and Harbors Act Sec. 10, and Marine Protection Research and Sanctuaries Act Sec. 404, Rivers and Harbors Act Sec. 10, and Marine Protection Research and Sanctuaries Act Sec. 404, Rivers and Harbors Act Sec. 10, and Marine Protection Research and Sanctuaries Act Sec.
EPA, Ruling Could Impact the Definition of “Waters of the U.S.”. ESA and other scientific societies file brief arguing that the interpretation of the CleanWaterAct is inherently founded on science. Congress passes a deal to keep the government funded through Dec. How Government Ends – Boston Review.
Divided Ninth Circuit Said Juliana Plaintiffs Lacked Standing to Press Constitutional Climate Claims Against Federal Government. Fish and Wildlife Service (FWS) acted arbitrarily and capriciously when it designated the northern long-eared bat as “threatened” rather than “endangered” under the EndangeredSpeciesAct.
Request proposes increasing non-defense discretionary spending and spending on climate and clean energy across the government. Innovation and Competition Act to conference committee. USFWS proposes listing the northern long-eared bat as an endangeredspecies. In this issue: Biden Releases Budget Request.
In three other cases brought by local and state governments against fossil fuel companies, the Supreme Court granted petitions for writ of certiorari seeking review of decisions affirming remand orders. The court also rejected claims under the National Forest Management Act, the Healthy Forest Restoration Act, and the EndangeredSpeciesAct.
The third-party complaint asserted that while the plaintiffs’ claims were meritless, Statoil, “as well as potentially the many other sovereign governments that use and promote fossil fuels,” must be joined as third-party defendants. Chevron filed similar notices of withdrawal in other cases brought by California localities. June 29, 2021).
Biden administration proposed repealing Trump administration EndangeredSpeciesAct regulations. Fish and Wildlife Service receives $180 million for developing and carrying out EndangeredSpeciesAct recovery plan and a combined $19.4 House passes Bipartisan Infrastructure Framework. Executive Branch.
Fish and Wildlife Service receives $180 million for developing and carrying out EndangeredSpeciesAct recovery plans and a combined $19.4 The Biden administration moved Thursday to formally repeal the Trump administration’s controversial rule that vastly restricted the scope of CleanWaterAct protections.
In the case challenging President Biden’s revocation of the presidential permit, the federal government moved to dismiss, arguing that the case was moot, that the court lacked jurisdiction to grant relief against the president and the agency defendants, and that the states lacked standing, which also made venue improper. Trump , No.
Government research and independent assessments (see, e.g., here and here ) contradict President Trumps findings about insufficient energy supply and grid unreliability. Part 419 (under CleanWaterAct) 40 C.F.R. In fact, fossil fuel production reached record levels under President Biden. 1742, 1748a.
The plaintiffs asserted EndangeredSpeciesAct claims, focusing on the federal agencies’ consideration of impacts on grizzly bears and bull trout; the plaintiffs alleged that bull trout are “particularly vulnerable” to climate change because they require cold water to spawn and rear. Seven weeks after the U.S.
USFWS issues rare emergency rule listing the Dixie Valley toad as an endangeredspecies. Supreme Court reinstates Trump administration CleanWaterAct regulation. Failure to act means tough choices in the future. “The Governments need to help people cut consumption. Executive Branch. International.
Senate Appropriations Committee Ranking Member Richard Shelby (R-AL) said that is likely that the government will have to operate on a continuing resolution when fiscal year 2023 starts on October 1, 2022. This includes a $35 million increase for the Ecological Services for EndangeredSpeciesAct activities.
Congress House Transportation and Infrastructure Committee votes to nullify CleanWaterAct rule using the Congressional Review Act. Executive Branch USFWS proposes listing two populations of California spotted owl under the EndangeredSpeciesAct. The comment period ends March 31, 2023.
EPA announced plans to repeal and replace the Trump administration’s Navigable Waters Rule. US Fish and Wildlife Service reverses EndangeredSpeciesAct rules. 20 executive order that called for a review of energy and environment-related rules across the federal government. Executive Branch. International.
The government has been operating under a series of stop-gap measures since October 2021 and Congress has not passed a full-year budget since December 2020. Applegate is a career USGS employee who has served as the acting USGS director for the past year. These species are found in Arkansas, Kansas and Missouri.
Interior Department seeks nominations for the Invasive Species Advisory Council. Supreme Court to hear CleanWaterAct case. 3531 ) that requires the federal government to develop a National Climate Adaptation and Resilience Strategy and authorizes a chief resilience officer position in the White House.
Congress passes stopgap measure to fund the government through Feb. Appropriations: The House of Representatives and the Senate voted to pass a stop-gap funding measure to keep the government funded through Feb. 18, 2022, averting a government shutdown. EPA – Proposed Settlement Agreement, CleanWaterAct.
Supreme Court will hear CleanWaterAct case in October 2023. Biden administration repeals definition of habitat under the EndangeredSpeciesAct. The Supreme Court will hear this case, which pertains to the jurisdiction of the CleanWaterAct (CWA) and the definition of the Waters of the U.S.
I thought maybe it is true that the voters get the government they deserve. In 1971 the Clean Air Act was passed and Nixon signed it. In 1972 the CleanWaterAct was passed and Nixon signed it. In 1973 the EndangeredSpeciesAct was passed and Nixon signed it. Until yesterday.
Congress Senate: The full Senate voted to pass resolutions nullifying two endangeredspecies rules finalized by the Biden administration. One rule repeals a Trump-era definition of habitat under the EndangeredSpeciesAct. The other rule lists the northern long-eared bat as an endangeredspecies.
Senators reintroduce Recovering America’s Wildlife Act. Judge rules Maui County, Hawaii must receive a CleanWaterAct permit in a case that reached the Supreme Court. The bill also requires the EPA to determine whether PFAS should be designated as a toxic pollutant under the CleanWaterAct.
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