Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) operate, and the Federal Energy Regulatory Commission (FERC) oversees, wholesale electricity markets that…

Executive Order No. 14156 directs federal agencies to treat certain energy development projects subject to the Endangered Species Act (ESA) as emergencies; Executive Order No. 14181 will likely…

This Article explores potential impacts of the U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo on the Federal Energy Regulatory Commission (FERC), focusing on FERC’s…

In contrast to the large amount of attention that FERC’s consideration of climate change in natural gas permitting has received, there has been relatively little paid to how FERC does and should…

Climate change and invasive species are jeopardizing already endangered and threatened species, prompting the U.S. Fish and Wildlife Service (FWS) to finalize its 2023 rule allowing experimental…

December 2023 marked 50 years since the Endangered Species Act (ESA) was signed into law. The ESA has proven resilient to numerous legal challenges and saved many species from extinction. But…

Climate change is ravaging the flora and fauna of the United States and contributes to ecosystem damage, including the conversion of Alaskan forests to savannah grasslands, rising sea levels that…

This Comment illustrates, through a case study of the Delta smelt BiOp, the difficulties in making ESA jeopardy determinations for species on the brink of extinction. We conclude that the myriad…

The U.S. Supreme Court’s opinion in Weyerhaeuser Co. v. U.S. Fish & Wildlife Service raises important questions about the scope of the Endangered Species Act’s (ESA’s) protections for…

This Article, adapted from Chapter 16 of What Can Animal Law Learn From Environmental Law?, 2d Edition (ELI Press, forthcoming 2020), explores existing and potential wildlife conservation policies…