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.
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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.
89 FR 28218
The Mine Safety and Health Administration amended its existing standards to better protect miners against occupational exposure to respirable crystalline silica, a significant health hazard, and to improve respiratory protection for miners from exposure to airborne contaminants.
89 FR 28707
NMFS announced a 90-day finding that a petition to list the whitespotted eagle ray as a threatened or endangered species and to designate critical habitat concurrent with the listing does not present substantial scientific or commercial information indicating that the petitioned action may be warranted.
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.
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 27502
The National Highway Traffic Safety Administration proposed to establish two new federal motor vehicle safety standards specifying performance requirements for all motor vehicles that use hydrogen as a fuel source.
89 FR 26070
FWS revised regulations concerning the issuance of enhancement of survival and incidental take permits under the ESA.