Posts tagged Climate Crisis.
Relying on Loper, Fifth Circuit Sends Chevron-based decision Back to District Court, calling ESG Rule into Question
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Posted in Climate Change, Government Administration, Supreme Court, Texas
Relying on Loper, Fifth Circuit Sends Chevron-based decision Back to District Court, calling ESG Rule into Question

On July 18, 2024, the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) vacated a decision by the U.S. District Court for the Northern District of Texas (District Court) that upheld the U.S. Department of Labor’s (DOL) 2022 environmental, social and governance (ESG) rule (ESG Rule). The ESG Rule, issued pursuant to President Biden’s Executive Order, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” allows Employee Retirement Income Security Act (ERISA) fiduciaries to give weight to “the economic effects of ...

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Tags: APA, Biden Administration, chevron deference, Climate Crisis, Court, District, executive order, Fifth Circuit, Public Health
Biden Administration to Review Species Rules and Related Frameworks
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Posted in Conservation, Critical Habitat, Delisting, Fish & Wildlife Service, Listing, Migratory Bird, National Marine Fisheries Service, NEPA, Regulatory Reform, Water Issues
Biden Administration to Review Species Rules and Related Frameworks

On January 20, 2021, President Biden announced his administration will review regulatory actions taken between January 20, 2017 and January 20, 2021 in accordance with an Executive Order titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis” (EO). Among the agency actions to be reviewed under the EO are a number of regulations and policies finalized by the Trump Administration involving Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), and other related statutes.

An initial pre-publication announcement ...

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Tags: Biden Administration, BLM, Bureau of Land Management, Bureau of Land Management, central valley project, CEQ, clean water act, Climate Crisis, Council on Environmental Quality, Critical Habitat, CWA, endangered species act, ESA, executive order, Gray Wolf, Greater sage-grouse, habitat, Listing, MBTA, Migratory Bird Treaty Act, monarch butterfly, National Environmental Policy Act, National Marine Fisheries Service, Navigable Waters Protection Rule, NEPA, northern spotted owl, Public Health, Rivers and Harbors Act, Section 404, state water project, Trump Administration, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service

Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.

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