Today PLF filed a motion for summary judgment in federal district court to reverse the government’s decision to prohibit motorized travel on hundreds of miles of roads and trails in Tahoe National Forest. Historically, these routes were available to individuals … Continue reading
Since Fiscal Year 2011, over five dozen senior officials have retired from the agency. That fact, coupled with the presence of many “acting” senior officials (whose nominations Senate Republicans have held up), has led many EPA observers to conclude that … Continue reading
I published this op-ed in the Visalia-Times Delta this morning. Here’s a snippet: Enacted in 1973 under President Richard Nixon, the ESA authorizes federal officials to identify “endangered” and “threatened” species, and foster recovery through regulation. In one respect — … Continue reading
When EPA determined in 2009 that carbon dioxide and related substances pose a danger to human health and the environment, it skipped a step. EPA neglected to seek peer review from the Science Advisory Board (SAB), as required by law. … Continue reading
In Karuk Tribe of California v. United States Forest Service, the Ninth Circuit Court of Appeals held that the receipt of a notice of intent from a private party is an “agency action,” triggering the consultation requirement of the Endangered Species Act. The … Continue reading
Professor Joel Mintz of Nova Southeastern University has published Sackett v. EPA and Judicial Interpretations of Environmental Statutes: What Role for NEPA?, in a recent issue of Environmental Law. Professor Mintz’s thesis is that the Supreme Court may have erred in Sackett … Continue reading
The Wall Street Journal has an interesting oped today by Steven Hayward, a Pepperdine professor (note: behind paywall), which advocates for a reorganization of EPA. Specifically, Hayward argues for a replacement of the EPA administrator with a panel of appointed officials, … Continue reading