88 FR 88262
NMFS issued a rule under the Marine Mammal Protection Act prohibiting the take of humpback whales within 200 nautical miles of the islands of Hawaii.
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88 FR 88338
FWS proposed to list the coal darter as a threatened species under the ESA, with a rule issued under §4(d) of the Act to provide for the conservation of the species.
88 FR 88035
FWS announced findings that the following 10 species are not warranted for listing as endangered or threatened under the ESA: Hupp’s Hill cave beetle, Hubbard’s cave beetle, overlooked cave beetle, Shenandoah cave beetle, Little Kennedy cave beetle, Holsinger’s cave beetle, Hubricht’s cave beetle, silken cave beetle, Pinaleño talussnail, and San Xavier talussnail.
88 FR 88012
FWS proposed to list the West Virginia spring salamander as an endangered species and to designate critical habitat under the ESA.
88 FR 85178
NMFS announced a 90-day finding on a petition to list spring-run Chinook salmon on the Washington Coast as endangered or threatened under the ESA, and to designate critical habitat for the species.
88 FR 85364
The Federal Highway Administration amended its regulations governing national performance management measures to require state departments of transportation and metropolitan planning organizations to establish declining carbon dioxide targets for the greenhouse gas emissions associated with transportation and report on progress toward the achievement of those targets.
88 FR 84252
FWS proposed to list the northern distinct population segment (DPS) and the southern DPS of the western spadefoot as threatened DPSs under the ESA, with a rule issued under §4(d) of the Act.
88 FR 84162
FWS seeks comment on applications to conduct certain activities with foreign species that are listed as endangered under the ESA.
Can We Talk Climate? The SEC Disclosure Rule and Compelled Commercial Speech
The Securities and Exchange Commission’s (SEC’s) Climate Disclosure Rule has provoked heated controversy on many fronts. Several commenters have argued that the First Amendment precludes the SEC from demanding climate-related disclosures. This Article grapples with the unsettled state of “compelled commercial speech” doctrine, arguing that the rule’s constitutionality should be scrutinized using the prevailing rational basis test, and that even under the intermediate scrutiny test, the rule should be upheld.
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.