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89 FR 19526

FWS proposed to list the bushy whitlow-wort as an endangered species under the ESA, and to designate approximately 41.96 acres in Jim Hogg County, Texas, as critical habitat for the species. 

89 FR 19546

FWS proposed to remove the North Park phacelia from the Federal List of Endangered and Threatened Plants due to recovery. 

89 FR 18626

DOE notified interested parties of its intent to launch a Voluntary Carbon Dioxide Removal Purchasing Challenge. 

89 FR 17902

FWS designated critical habitat for 12 endangered species on the island of Hawai‘i under the ESA. 

89 FR 16624

FWS designated approximately 1,160,625 acres in 13 Florida counties as critical habitat for the Florida bonneted bat under the ESA.

89 FR 15868

EPA announced the availability of and seeks comment on a draft document titled “EPA Criteria for Product Category Rules to Support the Label Program for Low Embodied Carbon Construction Materials.” 

89 FR 15763

FWS removed the Florida golden aster from the Federal List of Endangered and Threatened Plants due to recovery. 

89 FR 15168

NMFS gave notice that all Middle Columbia River steelhead occurring in all accessible reaches upstream of Round Butte Dam on the Deschutes River in Oregon will be designated as threatened under the ESA when the nonessential experimental population designation and accompanying protective measures expire on January 15, 2025.

Avoiding Performative Climate Justice

Today's climate impacts and those on the horizon increasingly infuse mitigation and adaptation efforts with urgency, causing policymakers to contemplate or issue formal declarations of a climate emergency and to streamline review processes to aid rapid development of mitigation and adaptation infrastructure and technology. Yet, this urgency and need have the potential to create injustice and sideline or overwhelm efforts to reduce existing injustice.

The Tyranny of Baselines

Many environmental law paradigms focus on fixed points. Sometimes, the fixed points are in the past, and environmental laws call upon us to look at a baseline or previous state of nature and compare our actions against it. Other approaches call for us to consider an ideal state and develop strategies regarding how to reach it. In a 4° Celsius world, both strategies fail. Adhering to baselines is meaningless and striving for goals that are unachievable may lead to paralysis.