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Save Long Beach Island v. U.S. Department of Commerce
A district court granted NMFS' motion to dismiss a challenge to its decision to issue several incidental take authorizations (ITAs) for wind farm development off the coasts of New Jersey and New York. A nonprofit group argued NMFS violated the Marine Mammal Protection Act because the ITAs had more t...
New Mexico Cattle Growers' Ass'n v. United States Fish and Wildlife Service
A district court denied summary judgment for a trade group representing ranchers and beef producers in a challenge to FWS' denial of the group's petition to remove the southwestern willow flycatcher from the endangered list under the ESA. The group argued FWS' denial, which concluded the southwester...
American Forest Resource Council v. Williams
The D.C. Circuit affirmed dismissal of a challenge to two FWS rules that delayed a 2021 proposed rule to reduce the amount of land in the Pacific Northwest designated as critical habitat for the northern spotted owl. A logging group challenged the validity of the rules delaying the effective date of...
A.P. Bell Fish Co., Inc. v. Raimondo
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...
Will Risk Aversion at the NRC Avert the Energy Transition?
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.