A district court denied summary judgment for commercial fishermen and a trade group in a lawsuit concerning NMFS' allocation of red grouper fishing privileges in the Gulf of Mexico among recreational and commercial fishermen. Plaintiffs argued that Amendment 53 to the fishery management plan for ree...
The Ninth Circuit, 2-1, affirmed summary judgment for FWS in a lawsuit concerning a petition to amend the Service's 1993 recovery plan for the endangered grizzly bear. An environmental group petitioned FWS, proposing additional recovery areas in Arizona, California, New Mexico, and Utah that it argu...
The Ninth Circuit granted in part and denied in part petitions to review EPA's 2019 amended registration of the pesticide sulfoxaflor. Environmental groups alleged that the registration, which unconditionally approved new uses of sulfoxaflor requested by the company that created the pesticide, viola...
A district court granted in part and denied in part an animal sanctuary's motion to dismiss an ESA citizen suit brought by an animal rights group. The group alleged the sanctuary violated the ESA by taking endangered or threatened species, unlawfully possessing ESA-protected animals, and unlawfully ...
The D.C. Circuit granted environmental groups' motion for writ of mandamus to require EPA to complete its effects determination for the registered pesticide cyantraniliproles. The groups argued EPA was eight years past its deadline under the ESA to complete the effects determination, that it had fai...
This Article examines the nature of the threats that climate change poses and will continue to pose for salmon recovery, as well as possible legal responses to combat these threats. It also considers the future prospects of Pacific salmon in a world that will include significant climate change and other threats to preserving and equitably apportioning the salmon resource, whose environmental sensitivity and expansive life cycle will continue to pose substantial challenges for the foreseeable future.
Underregulation is a common and persistent environmental law problem, with recent scholarly focus on individual contaminants of emerging concern (CECs), whose harm is not fully known. But little attention has been given to the general trend of underregulation with respect to these chemicals, or explaining why this systematic underregulation occurs. This Article posits that federal agencies have been unacceptably slow to initiate protective regulations, and even once regulations are promulgated, they leave regulatory gaps that continue to expose populations to harmful effects.
The field of environmental law has seen many changes over the years, with demonstrable legal and policy victories for cleaner air and water. While the face of the environmental movement in its beginnings was predominantly male, women have become more prominent and influential within environmental law and policy over the decades.
A district court granted in part and denied in part conservation groups' motion for an order on remedy after it invalidated NMFS' 2021 biological opinion (BiOp) and final rule as related to the U.S. lobster fishery. The parties agreed the rule should be remanded without vacatur to NMFS along with an...
A district court granted DOD's motion to dismiss a challenge to its decision to halt fence construction along the U.S.-Mexico border in response to President Biden's proclamation declaring an end to the national border emergency. A corporation that owns land adjacent to the fence argued that DOD's d...