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Center for Biological Diversity v. United States Fish and Wildlife Service
In an unpublished opinion, the Ninth Circuit affirmed summary judgment for FWS in a challenge to its decision not to list the Tucson shovel-nosed snake as endangered under the ESA. An environmental group petitioned FWS to list the species in 2004, and again in 2020 after the Service rejected the ini...
Friends of Animals v. United States Fish and Wildlife Service
A district court denied an animal advocacy group's request to vacate and remand FWS' decisions approving a general conservation plan (GCP) and incidental take permits for the Utah prairie dog. The group argued the decision to approve the GCP was arbitrary and capricious because the plan will not ful...
Central Oregon Wild Horse Coalition v. Vilsack
In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its decision to approve a herd management plan for wild horses in Ochoco National Forest. A group of conservationists argued the Service violated the Wild Free-Roaming Horses and Burros Ac...
State Responsibility for Disrupting Earth's Climate System: Anticipating the ICJ Advisory Opinion
In 2025, the International Court of Justice (ICJ) will deliver an advisory opinion on the legal obligations of nations with respect to the mounting damage caused by climate change. This ruling will definitively restate applicable international law, provide a basis for new global policy decisions within the U.N. General Assembly, and provide a predicate for new lawsuits in national courts. To be effective, remedies for breaching a government’s duties to avert climate change will require a “collective remedy,” not merely financial compensation.
Implementing "Energy Communities"
President Biden’s 2021 Executive Order No. 14008 created a new federal legal concept of “energy communities.” The Infrastructure Investment and Jobs Act (IIJA) and Inflation Reduction Act (IRA) further defined this term, with an emphasis on historical dependence on fossil energy industries. This Article summarizes and assesses current law for “energy communities” in the United States, with an emphasis on recent developments and early implementation efforts.
Climate Litigation as Strategic Litigation
What is climate litigation? Widely accepted definitions suggest it is any litigation pertaining directly or indirectly to climate change, which encompasses both strategic and routine litigation. Building on this framework, previous empirical assessments have found that climate litigation has not prompted a climate-oriented jurisprudence. However, empirical evidence suggests that strategic litigation—and not routine litigation—has contributed to development of a climate-oriented jurisprudence in jurisdictions across the globe.