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89 FR 24300

FWS and NMFS finalized revisions to portions of their regulations that implement §4 of the ESA, concerning procedures and criteria used for listing, reclassifying, and delisting species on the lists of endangered and threatened wildlife and plants and designating critical habitat.

89 FR 24268

FWS and NMFS finalized revisions to portions of their regulations that implement §7 of the ESA concerning interagency cooperation procedures.

Climate Justice Litigation in the United States—A Primer

Over the last three decades, numerous studies have concluded that African American, Hispanic, Native American, Alaska Native, Native Hawaiian, and working-class White communities are disproportionately exposed to environmental harms and risks. More recent studies have concluded that although the adverse effects of climate change are being felt throughout the United States, they are not evenly distributed. This Article explores how several states have initiated climate justice litigation to address this issue.

The Promise and Peril of State Corporate Climate Disclosure Laws

On October 7, 2023, California Gov. Gavin Newsom signed the most far-reaching corporate climate disclosure (CCD) requirements in the United States. This so-called California Climate Accountability Package consists of the Climate Corporate Data Accountability Act (Senate Bill (SB) 253), which requires certain companies to disclose greenhouse gas emission data, and the Climate-Related Financial Risk Act (SB 261), which requires certain companies to disclose climate-related financial risks.

89 FR 22649

FWS proposed to remove the Roanoke logperch from the Federal List of Endangered and Threatened Wildlife due to recovery. 

Center for Biological Diversity v. Little

A district court granted in part and denied in part summary judgment for environmental groups in a challenge to an Idaho law authorizing expanded authorization of recreational wolf trapping and snaring in the state's grizzly bear habitat. The groups argued Idaho's continued authorization and expansi...

Alaska v. National Marine Fisheries Service

A district court denied the state of Alaska's and North Slope Borough's challenge to NMFS' decision not to delist the Arctic ringed seal as an endangered species following their 2019 petition. The plaintiffs argued NMFS failed to credit new information from FWS' analysis, failed to credit the Interg...

Alaska Wildlife Alliance v. United States Fish and Wildlife Service

In an unpublished opinion, the Ninth Circuit affirmed in part and reversed in part summary judgment for FWS in a challenge to the Service's issuance of an incidental take regulation for polar bears living along Alaska's Beaufort Sea. Environmental groups argued FWS failed to satisfy the Marine Mamma...

89 FR 22522

FWS revised the rule for the African elephant promulgated under §4(d) of the ESA in order to increase protection for the species, clarify the existing enhancement requirement, and incorporate a Party’s designation under the Convention on International Trade in Endangered Species of Wild Fauna and Flora National Legislation Project into various decisionmaking processes regarding imports.

89 FR 20927

FWS withdrew the September 7, 2021, proposed rule to list the pyramid pigtoe as a threatened species under the ESA.