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Month: February 2009

February 28, 2009

Are the days of the new ESA Section 7 regs numbered?

OMB Watch reports on the passed House Omnibus Appropriations FY2009 bill, which contains a provision allowing the Secretaries of Commerce and Interior to withdraw the new Section 7 regs without having to go through any of the normal APA steps usually required for withdrawing existing regulations.  Unfortunately, OMB Watch falls into the easy ...

February 28, 2009

A legislative fix for the Delta?

The Capital Ag Press reports on US Representative George Radanovich's proposed legislation, the California Drought Alleviation Act, which would temporarily lift ESA restrictions on pumping in the Delta. ...

February 27, 2009

Fox News on the American Pika

This blog has previously reported on the CBD-led litigation over the listing of the American pika.  The potential listing is controversial because the principal basis advanced for listing is the imminent threat to the pika's alpine habitat from global climate change.  Fox News reports on the devastating financial impacts that such a ...

February 26, 2009

"Legal War on U.S. Economy": full speed ahead

Earlier this week, National Review Online's Marlo Lewis discussed the Center for Biological Diversity's opening of the new Climate Law Institute. He titled his post "Center for Biological Diversity Declares Legal War on Global Warming U.S. Economy, Self-Governance" and described how CBD is using several federal laws, i ...

February 26, 2009

Heritage on ESA stimulus riders

The Heritage Foundation's blog, the Foundry, has a couple of posts regarding the proposals to withdrawal the ESA Section 7 and polar bear/Section 4(d) rules, here and here. Heritage's Nick Loris suggests that: withdrawing these ESA rules presents several opportunities for anti-energy activists to file administrative appeals and lawsuits by ...

February 25, 2009

polar bear rider faces most opposition

Although the spending bill that is set to go before Congress would give President Obama and the Interior Department authority to jettison both the new polar bear 4(d) rule and the Section 7 consultation rule, "the option option for Interior to throw out the polar bear rule is generating the most ire among Republicans," according ...

February 25, 2009

California water news

Yesterday's San Diego Union Tribune discussed the drought and the impact it is having and may have on the state's wildlife. Things are particularly challenging for salmon: Federal water managers have had to limit cold water releases for salmon returning upstream – a move that makes 20 miles of the Sacramento River too warm for ...

February 25, 2009

Service expands Canada lynx habitat

So reports the New York Times.  This was a Julie MaDonald redo.  The designation is published in today's Federal Register. ...

February 25, 2009

The Commission's budgetary woes

Just last week, the Commission's executive director, Peter Douglas, issued a memorandum detailing how the state's lack of revenue has required the Commission's staff to forego enforcement of the Coastal Act in some instances, and to prioritize among pending work items.  The memo lists the following issues as priorities during the ...

February 24, 2009

Environmentalist plaintiffs lack standing to challenge forest plan

In Sierra Forest Legacy v. United States Forest Service, 2009 WL 416787 (N.D. Cal. Feb. 19, 2009), the plaintiffs challenged an amendment to the Land and Resource Management Plans (LRMPs) issued by the Forest Service under the National Forest Management Act (NFMA) to govern activities on ten national forests in the Sierra Nevada Mountain Range. ...