Corps' Deviations From Dam's Operating Plan Results in Temporary Taking
The Federal Circuit held that the U.S. Army Corps of Engineers' temporary deviations from the water release rates set forth in an operating plan for the Clearwater Dam that caused increased flooding in Arkansas' Dave Donaldson Black River Wildlife Management Area, which in turn caused excessive timber mortality, gave rise to a temporary taking. The U.S. Supreme Court previously held that government-induced flooding can constitute a taking even if it is temporary in duration. And here, the evidence supports the trial court's findings that a taking occurred.
NMFS Must Revise Plan on Navy Training Impacts to Marine Mammals
A district court held that the National Marine Fisheries Service has until August 1, 2014, to revise its plan for protecting whales, dolphins, porpoises, seals, and sea lions from U.S. Navy warfare training exercises along the coasts of California, Oregon, and Washington. The court previously ruled that NMFS' biological opinion and incidental take statement violated the ESA, thereby imposing on the NMFS a duty to correct its abuses of discretion. At issue in this case was the scope of remand.
The December issue of ELR's News & Analysis features three articles on climate change, specifically, sustainable agriculture systems, Chinese climate change policy, and the fraudulent misrepresentation of climate science. The issue also includes an article on highway projects, their impact on development, and NEPA review, as well as the transcript to a recent ELI seminar on environmental policies, initiatives, and challenges for the U.S. Department of Defense.