The D.C. Circuit affirmed in part and reversed in part summary judgment for commercial fishermen in a challenge to an NMFS rule implementing an amendment to a fishery management plan for reef fish resources in the Gulf of Mexico. The fishermen argued the amendment arbitrarily relied on an economic a...
The Pipeline and Hazardous Materials Safety Administration and NRC jointly seek comments on issues concerning requirements in the International Atomic Energy Agency regulations for the safe transport of radioactive materials.
FWS designated approximately 1,160,625 acres in 13 Florida counties as critical habitat for the Florida bonneted bat under the ESA.
EPA announced the availability of and seeks comment on a draft document titled “EPA Criteria for Product Category Rules to Support the Label Program for Low Embodied Carbon Construction Materials.”
FWS removed the Florida golden aster from the Federal List of Endangered and Threatened Plants due to recovery.
The Fourth Circuit affirmed a district court order remanding to state court two climate deception lawsuits against oil and gas companies. City and county governments in Maryland initially sued in state court, alleging the companies used and promoted fossil fuel products while knowing, concealing, an...
The Pipeline and Hazardous Materials Safety Administration amended the Hazardous Materials Regulations to update, clarify, improve the safety of, or streamline various regulatory requirements.
NMFS gave notice that all Middle Columbia River steelhead occurring in all accessible reaches upstream of Round Butte Dam on the Deschutes River in Oregon will be designated as threatened under the ESA when the nonessential experimental population designation and accompanying protective measures expire on January 15, 2025.
Today's climate impacts and those on the horizon increasingly infuse mitigation and adaptation efforts with urgency, causing policymakers to contemplate or issue formal declarations of a climate emergency and to streamline review processes to aid rapid development of mitigation and adaptation infrastructure and technology. Yet, this urgency and need have the potential to create injustice and sideline or overwhelm efforts to reduce existing injustice.
Many environmental law paradigms focus on fixed points. Sometimes, the fixed points are in the past, and environmental laws call upon us to look at a baseline or previous state of nature and compare our actions against it. Other approaches call for us to consider an ideal state and develop strategies regarding how to reach it. In a 4° Celsius world, both strategies fail. Adhering to baselines is meaningless and striving for goals that are unachievable may lead to paralysis.