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Desert Survivors v. United States Department of the Interior
A district court granted summary judgment for environmental groups in a challenge to FWS' 2020 withdrawal of its 2013 proposal to list the bi-state sage-grouse as a threatened species under the ESA, and vacated the withdrawal. The groups argued the withdrawal violated the ESA because the Service's d...
San Francisco Herring Ass'n v. U.S. Department of the Interior
The Ninth Circuit affirmed summary judgment for the National Park Service (NPS) in a challenge to the Service's authority to prohibit commercial herring fishing in the Golden Gate National Recreation Area (GGNRA). A fishing group argued that NPS lacked authority under the GGNRA Act to enforce the co...
Climate Creep
At this point in time, climate change pervades every aspect of contemporary life. It is a persistent current through our lives and, increasingly, throughout the law. One would be hard-pressed to find any area of law that has not or will not soon be touched by climate change. The onset of climate change has prompted decades worth of deep and wide efforts to reshape law and policy. Yet, alongside this development, there is also erosion.
Toward Tradable Building Performance Standards
The European Union, China, California, and a number of U.S. states in the Northeast are currently using emissions trading as part of their efforts to reduce greenhouse gas (GHG) emissions. However, the popularity of emissions trading as a policy tool co-exists with a well-established, and increasingly politically powerful, set of critiques of it in the United States. These critiques come from environmental justice advocates as well as some academics and other observers.