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Montana Environmental Information Center v. Bernhardt
A district court denied a motion for preliminary injunction in a challenge to DOI's approval of a mine expansion in Montana. Conservation groups argued the Department's EIS failed to sufficiently consider the cumulative impacts of mining on local water resources, failed to consider a reasonable rang...
Standing Rock Sioux Tribe v. United States Army Corps of Engineers
The D.C. Circuit affirmed in part and reversed in part a lower court order vacating a Mineral Leasing Act easement issued by the Army Corps of Engineers for the Dakota Access Pipeline and directing the pipeline to be shut down. Native American tribes argued the Corps' issuance of the easement withou...
Marine Protected Areas on the Uncertain Frontiers of Climate Change
Scientific communities and policy experts argue that marine protected areas (MPAs) will increase the potential of marine ecosystems to tackle climate change impacts. Yet to date, there has been little legal scholarship about how to design, manage, and implement climate-resilient MPAs. This Article underscores the importance of considering climate change in the design, planning, and implementation of MPAs, and identifies mechanisms for incorporating climate change elements into MPAs.
Friends of Animals v. Sheehan
A district court denied an animal rights group's motion for summary judgment in a challenge to permits and safe harbor agreements (SHAs) issued by FWS for an experiment on nonfederal land to gain data on the relationship between barred owl removal and northern spotted owl recovery. The group argued ...