D.C. Circuit majority opinion that CEQ regulations constitute ultra vires action should be considered dicta if the decision is allowed to stand.
On November 12, 2024, the D.C. Circuit, in a split 2-1 decision in Marin...more
11/15/2024
/ Article II ,
CEQA ,
En Banc Review ,
Environmental Assessments ,
Environmental Litigation ,
Executive Orders ,
Federal Aviation Administration (FAA) ,
Loper Bright Enterprises v Raimondo ,
National Park Service ,
NEPA ,
Regulatory Agenda ,
SCOTUS ,
Separation of Powers ,
Statutory Authority ,
Ultra Vires
On April 5, 2024, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) finalized three sets of revisions to the regulations implementing the Endangered...more
In the short 100 days since inauguration day, the Biden Administration has put oil and gas leasing on public lands and federal waters at the forefront of its climate agenda—from issuance of Executive Order No. 14008,...more
Right out of the box, the Biden Administration took a decisive stance on the importance of climate costs in agency decision making, returning to Obama-era metrics and values. On his first day in office, President Biden issued...more
3/23/2021
/ Biden Administration ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Greenhouse Gas Emissions ,
Habitat Conservation Plan ,
NEPA ,
Regulatory Agenda ,
Working Groups
On July 19, 2018, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS, and collectively with FWS, the Services) announced several proposed changes to the regulations implementing the...more
7/30/2018
/ Climate Change ,
Critical Habitat ,
Delisting ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
ESA Listings ,
Incidental Take Permits ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
Trump Administration ,
US Fish and Wildlife Service