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South Carolina Coastal Conservation League v. United States Army Corps of Engineers
The Fourth Circuit affirmed a district court's denial of a motion to temporarily enjoin construction on a real estate development project in South Carolina. Environmental groups argued the CWA §404 permit issued for the project violated the ESA by using a habitat surrogate to set the level of antic...
Delmarva Fisheries Ass'n, Inc. v. Atlantic States Marine Fisheries Commission
The Fourth Circuit vacated a district court order that denied a motion to preliminarily enjoin the Atlantic States Marine Fisheries Commission's recommended fishery management plan (FMP) for striped bass. A trade group, a group of charter boat captains, and two individuals operating in Maryland sued...
The Role of Marine CO2 Removal in Combating Climate Change
Combating climate change requires not only rapid reduction of greenhouse gas emissions, but also removal of significant amounts of carbon dioxide (CO2) from the atmosphere. CO2 removal (CDR) comes in many different forms, but climate scientists and policymakers are focusing on the potentially important role of large-scale use of emerging ocean-based techniques, often referred to as marine CDR (mCDR). In the United States, mCDR in domestic waters is governed by a patchwork of laws and regulations.