89 FR 41917
NMFS proposed to issue protective regulations under §4(d) of the ESA for the conservation of the threatened oceanic whitetip shark.
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White v. United States Army Corps of Engineers
A district court granted summary judgment for a fisheries biologist in a challenge to the Army Corps of Engineers' flood control operations at a California dam. The biologist argued the operations, which released water from the dam into the Russian River, violated §9 of the ESA by unlawfully "takin...
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.
Juliana v. United States
A district court denied the Biden Administration's motion to stay an ongoing climate change lawsuit brought by 21 young people. The U.S. government argued the suit must be stayed because there was a substantial likelihood the Ninth Circuit would grant its petition for mandamus. The court found the g...
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 ...
United States v. U.S. District Court for the District of Oregon
The Ninth Circuit granted the Biden Administration's mandamus petition to dismiss an ongoing climate change lawsuit brought by 21 young people. Plaintiffs initially argued that the U.S. government, by failing to adequately respond to the threat of climate change, violated a "right to a stable climat...
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.
Shipping's Fair Share
In July 2023, the International Maritime Organization (IMO) resolved to reduce international shipping’s greenhouse gas emissions to net zero “by or around, i.e., close to” 2050. There is a long-running debate about whether the sector should decarbonize and how it could do so in a way that is equitable for states and the shipping industry. This Article is the first to normatively define shipping’s fair share of the overall climate mitigation burden using principles of international environmental law.
U.S. and Global Methane Regulation
Methane is estimated to be responsible for one-third of the global rise in temperatures from greenhouse gases; it is shorter-lived but much more potent than carbon dioxide. The United States and the European Union (E.U.) launched the Global Methane Pledge at the 2021 United Nations Climate Change Conference (COP26). At COP28’s Global Methane Pledge Ministerial last December, new strategies were announced, including the E.U.’s first-ever adoption of methane regulations and a final rule by the U.S. Environmental Protection Agency to reduce methane from the oil and gas industry.
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.