89 FR 27689
FWS announced the updated planning policies for the National Wildlife Refuge System to incorporate landscape conservation plans and consideration of climate change and other anthropogenic forces in refuge management.
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89 FR 27417
NMFS announced its intent to conduct a five-year review of the endangered western distinct population segment of the Steller sea lion.
89 FR 26070
FWS revised regulations concerning the issuance of enhancement of survival and incidental take permits under the ESA.
89 FR 23919
FWS revised its regulations concerning protections of endangered and threatened species under the ESA by reinstating the general application of the "blanket rule'' option for protecting newly listed threatened species pursuant to §4(d) of the Act, with the continued option to promulgate species-specific §4(d) rules, and extending to federally recognized tribes the exceptions to prohibitions for threatened species that the regulations currently provide to the employees or agents of FWS and other federal and state agencies to aid, salvage, or dispose of threatened species.
89 FR 24300
FWS and NMFS finalized revisions to portions of their regulations that implement §4 of the ESA, concerning procedures and criteria used for listing, reclassifying, and delisting species on the lists of endangered and threatened wildlife and plants and designating critical habitat.
89 FR 24268
FWS and NMFS finalized revisions to portions of their regulations that implement §7 of the ESA concerning interagency cooperation procedures.
Putting the Ban Back Together: A Critical Look at California Restaurant Association v. Berkeley
Concerned by methane’s potent climate-altering emissions, a growing number of states and municipalities have embraced the phaseout of natural gas as a tool to mitigate climate change. But in April 2023, the California Restaurant Association successfully petitioned the U.S. Court of Appeals for the Ninth Circuit to overturn the city of Berkeley’s ban on natural gas infrastructure in new buildings. The three-judge panel found the ban preempted by the federal Energy Policy and Conservation Act, and in January 2024, the Ninth Circuit denied Berkeley’s petition for rehearing.
Climate Justice Litigation in the United States—A Primer
Over the last three decades, numerous studies have concluded that African American, Hispanic, Native American, Alaska Native, Native Hawaiian, and working-class White communities are disproportionately exposed to environmental harms and risks. More recent studies have concluded that although the adverse effects of climate change are being felt throughout the United States, they are not evenly distributed. This Article explores how several states have initiated climate justice litigation to address this issue.
The Promise and Peril of State Corporate Climate Disclosure Laws
On October 7, 2023, California Gov. Gavin Newsom signed the most far-reaching corporate climate disclosure (CCD) requirements in the United States. This so-called California Climate Accountability Package consists of the Climate Corporate Data Accountability Act (Senate Bill (SB) 253), which requires certain companies to disclose greenhouse gas emission data, and the Climate-Related Financial Risk Act (SB 261), which requires certain companies to disclose climate-related financial risks.
89 FR 22649
FWS proposed to remove the Roanoke logperch from the Federal List of Endangered and Threatened Wildlife due to recovery.