88 FR 84162
FWS seeks comment on applications to conduct certain activities with foreign species that are listed as endangered under the ESA.
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Can We Talk Climate? The SEC Disclosure Rule and Compelled Commercial Speech
The Securities and Exchange Commission’s (SEC’s) Climate Disclosure Rule has provoked heated controversy on many fronts. Several commenters have argued that the First Amendment precludes the SEC from demanding climate-related disclosures. This Article grapples with the unsettled state of “compelled commercial speech” doctrine, arguing that the rule’s constitutionality should be scrutinized using the prevailing rational basis test, and that even under the intermediate scrutiny test, the rule should be upheld.
Enhanced U.S.-Canadian Collaboration on Marine Migratory Species
U.S.-Canadian management of marine migratory species is a particularly rich place to understand the complex relationship between migratory science, conservation, and law. The two nations share a large border, have a long-lasting historic friendship, and already collaborate extensively. However, the relationship is not without contention. The substantial economic interests in the oceans and differences in governance structure have not infrequently frustrated efforts at cooperative management.
Climate Change Disinformation Liability Under the Federal Trade Commission Act
Oil companies and their agents have been actively involved in creating and propagating climate change disinformation for the past half-century. In response to this deception, more than two dozen American states and cities have sued these companies under traditional tort-based causes of action like public nuisance, fraud, negligence, and failure to warn, alleging that the companies fueled uncertainty about climate science and undercut public support for necessary climate action.
88 FR 83726
FWS determined threatened species status under the ESA for the distinct population segment of the North American wolverine occurring in the contiguous United States, and issued a §4(d) rule that provides the prohibitions, and exceptions to those prohibitions, necessary and advisable for the conservation of the species.
88 FR 83644
NMFS withdrew its November 27, 2020, proposed rule to designate 17 island units of critical habitat in the Pacific Islands Region for seven Indo-Pacific coral species listed under the ESA, and proposed a new rule to designate critical habitat for five of the seven coral species that were addressed in the 2020 proposed rule.
88 FR 83368
FWS announced findings that the following seven species are not warranted for listing as endangered or threatened species under the ESA: Edison's ascyrum, Florida (lowland) loosestrife, Florida pinesnake, mimic cavesnail, northern cavefish, smallscale darter, and Texas troglobitic water slater.
88 FR 81028
FWS reopened the comment period on its October 18, 2022, proposed rule to list the Kern Canyon slender salamander and the relictual slender salamander under the ESA and to designate critical habitat, in order to allow opportunity for interested parties to comment on the new areas the Agency is considering for relictual slender salamander critical habitat, small changes to Kern Canyon slender salamander critical habitat, and updates to the physical or biological features for the Kern Canyon slender salamander.
88 FR 77014
FWS established a nonessential experimental population of the gray wolf in Colorado under the ESA.
88 FR 76679
FWS removed the plants island bedstraw and Santa Cruz Island dudleya from the Federal List of Endangered and Threatened Plants on the basis of recovery.