NMFS May Collect Fees From Pacific Whiting Catchers and Processors
The Ninth Circuit held that NMFS may collect cost recovery fees for the Pacific groundfish fishery from individual members of the Pacific whiting catcher-processing sector, but that NMFS’ calculation of the 2014 cost recovery fee for that sector was inconsistent with its own regulation. NMFS may require members of a Pacific whiting catcher-processor cooperative to pay a percentage of the revenue earned by each vessel as a fee to NMFS. But in calculating fees for 2014, NMFS failed to properly determine actual costs.
Settling CERCLA/CWA Defendants Enter Proposed DOJ Consent Decree
Settling CERCLA and CWA nonfederal defendants responsible for natural resource damages in the Ottawa River assessment area must restore property adjacent to the Cedar Point National Wildlife Refuge at an estimated cost of $1,100,000, which includes the price of acquiring the property and donating it to FWS; must pay $250,000 for additional restoration projects to be determined by FWS and the Ohio EPA; and must pay a total of $1,311,372 in past assessment costs to the United States and Ohio; settling federal agencies must pay $270,623.79 for past assessment costs and future restorations projects.
Court Upholds DOE's "Social Cost of Carbon" Analysis
The Seventh Circuit denied petitions for review challenging two DOE rules aimed at improving the energy efficiency of commercial refrigeration equipment. In so ruling, the court upheld DOE's estimated "social cost of carbon," holding that Congress intended that DOE have the authority under the Energy Policy and Conservation Act to consider the reduction in the social cost of carbon.
This month, ELR is pleased to present the Environmental Law and Policy Annual Review (ELPAR), a special issue published in partnership with Vanderbilt University Law School. ELPAR provides a forum for the presentation and discussion of the best environmental law and policy-relevant ideas from the legal academic literature each year. The publication is designed to fill the same important niche as ELR by helping to bridge the gap between academic scholarship and environmental policymaking.