A district court granted NMFS' motion to dismiss a challenge to its lobster fishing gear regulations. Environmental groups argued the regulations did not adequately protect the endangered North American right whale, in violation of the ESA and the Marine Mammal Protection Act. NMFS moved to dismiss ...
FWS announced findings that listing two species—the north Oregon coast distinct population segment of the red tree vole and the Plateau spot-tailed earless lizard—as endangered or threatened species under the ESA is not warranted at this time.
FWS proposed new regulations to support conservation in the National Wildlife Refuge System by providing refuge managers with a consistent approach for evaluating and implementing management actions to ensure biological integrity, diversity, and environmental health, in accordance with the National Wildlife Refuge System Improvement Act of 1997.
December 2023 marked 50 years since the Endangered Species Act (ESA) was signed into law. The ESA has proven resilient to numerous legal challenges and saved many species from extinction. But its overall success has been debated, as the list of endangered and threatened species continues to grow, and only 54 species have been taken off of the list completely. On October 26, 2023, the Environmental Law Institute hosted a panel of experts who explored the successes and shortcomings of the statute and discussed what might happen next as climate change increases the risk of extinction.
FWS initiated five-year status reviews under the ESA of 22 animal and plant species.
FWS announced 90-day findings on petitions to list Betta hendra, Betta rutilans, Hickory Nut Gorge green salamander, pygmy rabbit, Railroad Valley toad, Southern Plains bumble bee, Southwest spring firefly, white-margined penstemon, and yellow-spotted woodland salamander, finding that listing may be warranted under the ESA.
A district court granted environmental groups' motion to lift a stay of a suit challenging NMFS' biological opinion (BiOp) concerning oil and gas activity in the Gulf of Mexico. The groups initially argued NMFS issued a flawed BiOp that underestimated the risks of harm to protected species and took ...
A district court dismissed a RCRA citizen suit over a closure plan for a coal-fired power plant in Alabama. An environmental group challenged the plan, arguing it was unlawful to permanently store over 21 million tons of coal ash and toxic pollutants in the existing unlined impoundment, situated in ...
EPA entered into a proposed settlement agreement under RCRA and CERCLA with St. Croix Petrochemical Corporation (SCPC), under which SCPC would transfer its remaining assets of approximately $1.7 million to help fund remediation of contamination caused by SCPC’s former Hovensa refinery in St. Croix, U.S. Virgin Islands.
United States v. Ohio Refining Co., No. 3:24-cv-00039 (N.D. Ohio Jan. 8, 2024). Under five proposed consent decrees, settling CERCLA, CWA, and OPA defendants that released hazardous substances and oil at the Duck & Otter Creeks NRDA Site near Toledo, Ohio, must collectively pay $7,225,909 in natural resource damages (NRD) and $903,239 as reimbursement for NRD assessment costs incurred by DOI.