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Salmon, Climate Change, and the Future
This Article examines the nature of the threats that climate change poses and will continue to pose for salmon recovery, as well as possible legal responses to combat these threats. It also considers the future prospects of Pacific salmon in a world that will include significant climate change and other threats to preserving and equitably apportioning the salmon resource, whose environmental sensitivity and expansive life cycle will continue to pose substantial challenges for the foreseeable future.
Center for Biological Diversity v. Raimondo
A district court granted in part and denied in part conservation groups' motion for an order on remedy after it invalidated NMFS' 2021 biological opinion (BiOp) and final rule as related to the U.S. lobster fishery. The parties agreed the rule should be remanded without vacatur to NMFS along with an...
Rancho Vista Del Mar v. United States
A district court granted DOD's motion to dismiss a challenge to its decision to halt fence construction along the U.S.-Mexico border in response to President Biden's proclamation declaring an end to the national border emergency. A corporation that owns land adjacent to the fence argued that DOD's d...
Center for Biological Diversity v. Haaland
In an amended order, a district court granted FWS' and NMFS' motion to voluntarily remand a series of regulations enacted by the Trump Administration that modified how the Services implement the ESA. Environmental groups, states, and cities had argued the regulations violated the ESA, the APA, and N...
Ohio Nuclear-Free Network v. U.S. Nuclear Regulatory Comm'n
The D.C. Circuit dismissed a petition to review NRC's decision to issue an amended materials license authorizing uranium production for a DOE demonstration program at a facility in Ohio. Nonprofit groups argued NRC violated NEPA by failing to prepare an EIS and by failing to address the environmenta...