New article on judicial review and the Endangered Species Act

The Endangered Species Act gives the United States Fish and Wildlife Service the authority to exclude areas from protected species’ “critical habitat” when the benefits of excluding those areas would exceed the benefits of including them. This power is significant, … Continue reading

Briefing complete in the green sturgeon case

This week, we filed our reply brief to our request to the United States Supreme Court to review¬†the Ninth Circuit Court of Appeals’ decision in¬†Building Industry Association of the Bay Area v. United States Department of Commerce. We have asked … Continue reading

Environmental law and “discretion”

One issue I have been thinking a lot about recently, particularly in light of the Supreme Court’s denial of cert in The New 49’ers v. Karuk Tribe of California, is the scope of the duty of federal agencies to consult, … Continue reading