A NEPA Digression
Although this blog is principally concerned about ESA-related materials, the Ninth Circuit Court of Appeals recently issued a decision in a case involving the National Environmental Policy Act and the National Forest Management Act having implications for ESA jurisprudence in the Ninth Circuit and therefore meriting some treatment here. With good p ...
Leaked Interior Department Memo
Public Employees for Environmental Responsibility has released a leaked memo from David Bernhardt, Interior Department Solicitor, setting forth his view as to why greenhouse gas (GHG) emissions from individual projects cannot have a significant enough effect on any ESA-listed species or its critical habitat to trigger Section 7 consultation. ...
NMFS: EPA registration of pesticides would jeopardize Pacific salmon
The AP reports that NMFS has issued a biological opinion on EPA's proposed registration of the uses of all pesticides containing chlorpyrifos, diazinon, or malathion. The biological opinion (available here) concludes that the registration will likely jeopardize the continued existence of several salmonids and will likely result in the adverse m ...
Time Magazine interview with new EPA chief
In this week's issue, Time has an interview with Lisa Jackson, the new Administrator of the EPA. Here are some choice quotes from Ms. Jackson. "We are not looking to regulate wildly. I do think that you can regulate in a thoughtful fashion." "The science on whether or not these gases are pollutants is clear. … ...
EPA's effect on the ESA
Today's New York Times has this article on whether and how EPA's plans to regulate carbon dioxide emissions under the Clean Air Act will affect Interior's decision whether and how to regulate the same under the ESA. The article includes a revealing quote from a Fish and Wildlife spokesman: "We have zero legislative authority ...
Five reasons for EPA not to regulate CO2 emissions
From the Heritage Foundation: 1. bad for the economy 2. little environmental benefit 3. ongoing scientific debate 4. backdoor policymaking 5. expanded bureaucracy Interestingly, four of the five reasons prescind fro ...
Dissent on EPA's CO2 regulation
An internal White House memo was released this week revealing significant disagreement within the Obama administration over EPA's decision to designate several greenhouse gases as posing environmental and health risks. The Los Angeles Times reports today in further detail. The memo's principal points are: (1) EPA does n ...
EPA proposes settlement of pesticide lawsuit
The case was brought by Center for Biological Diversity, contending that EPA must analyze the effects of 74 pesticides on 11 endangered and threatened species in the San Francisco Bay Area. EPA last week published a proposed stipulated injunction for public comment; the settlement anticipates EPA "effects" determinations under Sect ...
Feds' delta smelt restrictions violate NEPA; relief for San Joaquin Valley on the way?
Author: Brandon Middleton While the U.S. Fish and Wildlife Service authored the controversial delta smelt biological opinion, the Bureau of Reclamation is the federal agency responsible for its implementation and severe restriction of water deliveries. In implementing the delta smelt biop, Reclamation failed to prepare a critical Environmental Impa ...
PLF petitions EPA to reconsider 'Endangerment Finding'
Author: Luke Wake Last month the EPA finalized its Endangerment Finding for greenhouse gases, concluding that the continued emission of greenhouse gases poses a threat to human health and welfare. Central to this conclusion was EPA’s reliance on data implicated in an on going scandal, which has been dubbed "climate-gate" in the popu ...