
A district court granted summary judgment for an environmental group in a challenge to FWS' 2023 12-month finding that Joshua trees were not warranted for listing under the ESA for the "foreseeable future."

The Tenth Circuit reversed a district court decision denying a challenge to the Forest Service's decision to open new domestic sheep grazing allotments in Rio Grande National Forest.

ELR is pleased to present three articles as a preview to our May-June issue. One argues that if avoided harms to the economy and consumers from emissions reductions can yield economically cognizable consumer welfare enhancement in the longer term, climate action should be defensible under current antitrust doctrine. Another piece urges the granting "presumption of service connection" for PFAS exposure in veterans. And a third discusses issues that future Global Plastics Treaty negotiations must confront to produce an effective plastic life-cycle governance instrument. The full issue will be posted in June.

An antitrust paradox lies at the heart of private-sector climate commitments, particularly if prosocial goals are framed only in terms of economic standards. But if avoided harms to the economy and consumers from emissions reductions can yield economically cognizable consumer welfare enhancement in the longer term, climate action should be defensible under current antitrust doctrine.