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Supreme Court Clarifies Requirement for Agencies to Respond to Public Comments on Proposed Rulemakings

The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more

Ninth Circuit Holds Agency’s Decision Not to Modify a Recovery Plan is Not a Final Agency Action

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit issued a ruling holding that the United States Fish and Wildlife Service’s (Service) decision not to modify a recovery plan for the grizzly bear (ursus...more

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