89 FR 38873
NMFS announced the initiation of a five-year review for the non-U.S. distinct population segment of smalltooth sawfish under the ESA.
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Oceana, Inc. v. Raimondo
A district court granted in part and denied in part summary judgment for a conservation group in a challenge to NMFS' management of the Pacific sardine under the Magnuson-Stevens Act (MSA) and NEPA. The group argued NMFS' plan to rebuild the sardine population after it was declared overfished in 201...
Flathead-Lolo-Bitterroot Citizen Task Force v. Montana
The Ninth Circuit affirmed in part and vacated in part a district court's preliminary injunction limiting wolf trapping and snaring in certain parts of Montana to January 1, 2024, through February 15, 2024. Nonprofit groups argued Montana's laws authorizing recreational wolf and coyote trapping and ...
89 FR 36853
The U.S. Sentencing Commission announced that it has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index.
89 FR 37706
The Internal Revenue Service finalized regulations regarding federal income tax credits under the Inflation Reduction Act for the purchase of qualifying new and previously-owned clean vehicles.
89 FR 35769
NMFS proposed to modify the regulations for Marine Mammal Protection Act §104 permits, including scientific research, enhancement, photography, and public display permits and letters of confirmation.
89 FR 36982
FWS established a nonessential experimental population of the grizzly bear within the U.S. portion of the North Cascades Ecosystem (NCE) in the state of Washington under §10(j) of the ESA in order to support the reintroduction, recovery, and conservation of the species within the NCE.
Gathering Storm: SEC v. Jarkesy and Implications for Environmental Enforcement
The U.S. Environmental Protection Agency’s (EPA’s) enforcement program has long been the backbone of environmental enforcement in the United States. That program may now be bound for dramatic change. This Article analyzes the threats posed to the Agency’s program by the U.S. Supreme Court’s forthcoming decision in Securities and Exchange Commission v. Jarkesy, in which three constitutional questions presented cut to the core of administrative enforcement.
Clearing the Air on Supplemental Environmental Projects
Supplemental environmental projects (SEPs) have received a growing amount of attention in recent years, from the Donald Trump Administration banning their use in settlements, to regulation and guidance from the Joseph Biden Administration reversing the ban, to legislative proposals prohibiting them altogether. This Article examines SEPs’ legality under existing law, focusing on claims that they violate the Miscellaneous Receipts Act and the Antideficiency Act. It begins with a brief history of SEPs’ policy evolution and the limitations on the U.S. Environmental Protection Agency’s and U.S.
89 FR 30311
FWS announced a 12-month finding on a petition to list the lake sturgeon as an endangered or threatened species under the ESA, finding that listing is not warranted at this time.