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Enhanced U.S.-Canadian Collaboration on Marine Migratory Species

U.S.-Canadian management of marine migratory species is a particularly rich place to understand the complex relationship between migratory science, conservation, and law. The two nations share a large border, have a long-lasting historic friendship, and already collaborate extensively. However, the relationship is not without contention. The substantial economic interests in the oceans and differences in governance structure have not infrequently frustrated efforts at cooperative management.

Climate Change Disinformation Liability Under the Federal Trade Commission Act

Oil companies and their agents have been actively involved in creating and propagating climate change disinformation for the past half-century. In response to this deception, more than two dozen American states and cities have sued these companies under traditional tort-based causes of action like public nuisance, fraud, negligence, and failure to warn, alleging that the companies fueled uncertainty about climate science and undercut public support for necessary climate action.

Pacific Coast Federation of Fishermen's Ass'ns, Inc. v. Chevron Corp.

A district court denied fishing groups' motion to remand a climate liability lawsuit against oil and gas companies. The groups initially sued in state court, seeking damages for lost fishing opportunities allegedly caused by climate change. The companies removed the suit to federal court under the C...

White v. United States Army Corps of Engineers

A district court denied a biologist's motion to preliminarily enjoin flood control releases from the Coyote Valley Dam into the Russian River to protect ESA-listed salmon species. The biologist sought to enjoin the Army Corps of Engineers from making flood control releases unless it determines that ...

Honolulu, City and County of v. Sunoco LP

The Hawaii Supreme Court affirmed a lower court order denying oil and gas companies' motions to dismiss a climate misinformation suit brought by the city and county of Honolulu and the Honolulu Board of Water Supply. Plaintiffs argued the companies knowingly misled the public about the dangers of bu...

BLM’s Conservation Rule and Conservation as a “Use”

In April, the Bureau of Land Management (BLM) proposed new regulations governing land management decisions on public lands. Dubbed the “conservation rule,” this rule seeks to protect intact landscapes, restore degraded habitat, and manage for ecosystem resilience.

New York v. Raimondo

The Second Circuit affirmed summary judgment for NMFS in a challenge to its 2020 allocation rule setting summer flounder quotas for eleven states. The state of New York argued that by failing to allocate a higher quota to New York, the rule failed to account for the long-term movement of summer flou...

Center for Biological Diversity v. U.S. Fish and Wildlife Service

A district court denied an environmental group's motion for summary judgment in a challenge to FWS' 2019 decision to reclassify the American burying beetle under the ESA from endangered to threatened. The group argued the Service violated the ESA by downlisting the beetle based on inadequate data an...

Desert Protection Society v. Haaland

A district court denied an environmental group's motion for summary judgment in a challenge to BLM's decision to amend the California Desert Conservation Area Plan and grant a right-of-way to a company to construct and operate an electric energy project near Joshua Tree National Park. The group argu...