Energy & Environmental Law Blog

Energy & Environmental Law Blog

Analyzing the critical energy and environmental issues of the day

Tag Archives: Endangered Species Act

Court Rules DOJ Enforcement Directive Arbitrary and Capricious

Posted in ESA
A U.S. District Court in Arizona has ruled that DOJ’s narrow interpretation of the requirements for a criminal misdemeanor under the Endangered Species Act went beyond unreviewable prosecutorial discretion, and its policy was arbitrary and capricious and in violation of the Administrative Procedure Act. WildEarth Guardians v. U.S. Department of Justice The Endangered Species Act… Continue Reading

Windfarm Industry Suffers Setback as Court Rejects 30 Year Eagle Permit Rule

Posted in NEPA, Renewables, Rulemakings
On August 11, 2015, a district court in Silicon Valley remanded a U.S. Fish and Wildlife Service (FWS) rule issued in 2013 that had extended the potential term of incidental take permits under the Bald and Golden Eagle Protection Act (Eagle Protection Act) from 5 years to 30 years.  Bird protection groups challenged FWS issuance of… Continue Reading

First Oregon, Now Washington Water Quality Standards Under Attack

Posted in EPA, Northwest, Water Law
On February 26, in a reprise of its partially successful assault on Oregon water quality standards, Northwest Environmental Advocates sent a Notice of Intent to Sue EPA for alleged violations of the Clean Water Act and Endangered Species Act.  The alleged violations relate to EPA approval or inaction on water quality standards promulgated by the Washington… Continue Reading