The Fourth Circuit granted a motion to stay FWS' issuance of a biological opinion and incidental take statement for a proposed 300-mile natural gas pipeline running through Virginia and West Virginia, and to hold in abeyance litigation concerning authorization for the pipeline in order to allow FWS ...
In an unpublished opinion, the Ninth Circuit reversed in part and affirmed in part a summary judgment in favor of NMFS and the U.S. Army Corps of Engineers in a challenge against NMFS' 2014 opinions that reversed its decades-long approach to classifying water diversions and hydroelectric dams on the...
A district court dismissed a lawsuit brought by a Hawaiian resident alleging that an early start to a county construction project harmed two endangered species—the Hawaiian hawk and Hawaiian hoary bat—in violation of the ESA. The resident argued that the county violated its EIS by allowing const...
A district court vacated in part and remanded in part FWS' 2014 determination to remove the Rio Grande cutthroat trout from the ESA list of endangered and threatened wildlife. An environmental group argued that FWS failed to adequately explain why it used different methodologies in its 2008 and 2014...
Economywide legislation to address climate change will be ineffective unless it addresses greenhouse gas emissions from agriculture and land use. Yet incorporating these sectors into the most popular policy proposal—a carbon tax—carries legal risk that policymakers and legal commentators have ignored. This Article explores whether a carbon tax, as applied to agriculture and land use, is a direct tax within the meaning of the Constitution; it concludes that text, history, and Supreme Court precedent up through National Federation of Independent Business v.