The decades-long battle over organic certification of hydroponically grown foods is poised for resolution, with the Ninth Circuit Court of Appeals set to decide an appeal by the Center for Food Safety (CFS) in a case that...more
The Clean Water Act sometimes requires a permit for the indirect discharge of pollutants from a point source to navigable waters, but only when the discharge is the “functional equivalent” of a direct discharge, the Supreme...more
4/28/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
An area designated as critical habitat under the Endangered Species Act must first qualify as “habitat” for listed species, the Supreme Court held this week in the closely watched Weyerhaeuser case. The Court’s November 27,...more
11/30/2018
/ Appeals ,
Conservation ,
Critical Habitat ,
Economic Impact Analysis ,
Endangered Species ,
Endangered Species Act (ESA) ,
ESA Listings ,
Judicial Review ,
Private Property ,
SCOTUS ,
US Fish and Wildlife Service ,
Weyerhaeuser Company v United States Fish and Wildlife Service
The Ninth Circuit this week upheld a National Marine Fisheries Service decision to list the Pacific bearded seal as threatened under the Endangered Species Act based primarily on threats from climate change, reversing a...more
10/28/2016
/ Administrative Procedure Act ,
Agency Deference ,
Appeals ,
Arbitrary and Capricious ,
Climate Change ,
Critical Habitat ,
Endangered Species Act (ESA) ,
ESA Listings ,
Evidence ,
National Marine Fisheries Service ,
Reversal