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Annual Supreme Court Review and Preview

The U.S. Supreme Court's October Term 2022 had major implications for environmental law, including its most significant Clean Water Act decision ever. Upcoming cases in October Term 2023 have the potential to be just as impactful. On September 25, 2023, the Environmental Law Institute hosted a panel of experts who provided an overview of key rulings and major take-aways from the Court’s prior term, and discussed cases that have been granted review or are likely to be considered by the justices in the upcoming term.

89 FR 126

NMFS designated approximately 2,384.67 square kilometers of aquatic habitat located off the coasts of southeastern Florida, Puerto Rico, Navassa, and the U.S. Virgin Islands as critical habitat for the threatened Nassau grouper pursuant to §4 of the ESA. 

88 FR 89611

FWS determined endangered species status for the black-capped petrel under the ESA. 

88 FR 89309

EPA adjusted the level of the maximum and minimum statutory civil monetary penalty amounts under the statutes it administers. 

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 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.