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Maine Lobstermen's Ass'n, Inc. v. National Marine Fisheries Service
A district court denied summary judgment for a Maine lobstermen group in a challenge to NMFS' 2021 biological opinion (BiOp) that both authorized a series of federal fisheries, including the lobster fishery, and implemented a conservation framework designed to reduce the fisheries' impact on right w...
Friends of Animals v. Williams
A district court remanded a lawsuit challenging FWS’ decision to downgrade a rare species of parrot from endangered to threatened and to issue a §4(d) rule under the ESA allowing for limited import and export of the bird without an ESA permit. An animal advocacy group sought vacatur, arguing FWS�...
State Protections of Nonfederal Waters: Turbidity Continues
This Comment examines the legal framework for state protection of nonfederal waters and its implications for cooperative federalism. After a brief overview and legal background, it identifies some recent state actions that attempt to fill gaps in coverage created by changes in federal interpretations of the Clean Water Act. It then summarizes the current scope of state regulation of waters in every state, in order to discern the likely impact of changes at the federal level on the status of waters in the states.