The D.C. Circuit affirmed in part and reversed in part summary judgment for commercial fishermen in a challenge to an NMFS rule implementing an amendment to a fishery management plan for reef fish resources in the Gulf of Mexico. The fishermen argued the amendment arbitrarily relied on an economic a...
The Nuclear Regulatory Commission (NRC) and the U.S. Environmental Protection Agency (EPA) both have long-standing risk regulation regimes. To promote deployment of advanced nuclear reactors, Congress directed the NRC to reform its licensing regulations to increase the use of risk-informed, performance-based, and technology-neutral approaches. However, the NRC has doubled down on its traditional risk-management strategies, which require eliminating even the most remote and improbable risks, and which fail to account for the benefits of advanced reactors.
Climate change and invasive species are jeopardizing already endangered and threatened species, prompting the U.S. Fish and Wildlife Service (FWS) to finalize its 2023 rule allowing experimental populations to be introduced into habitat outside their historical range, as long as the areas are capable of supporting the experimental population.
A district court granted in part and denied in part a tribe's motion for partial summary judgment in a lawsuit concerning a hydroelectric dam on the Puyallup River in Washington. The tribe argued the dam operator's installation of a temporary rock dam/spillway unlawfully harmed and harassed Chinook ...