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D.C. Circuit Dismisses Clean Air Act Challenge to New EPA Policy Memorandum, Finding No “Final Agency Action”

The U.S. Court of Appeals for the D.C. Circuit has issued an important decision that narrowly interprets the types of governmental decisions that may be challenged in court as “final agency action.” In California Communities...more

Supreme Court Limits Authority to Designate Critical Habitat Under Endangered Species Act

In a unanimous decision with immediate repercussions for the administration of the Endangered Species Act (ESA), the U.S. Supreme Court held that an area is eligible for designation as critical habitat under the ESA only if...more

Final Endangered Species Act Policy Revises Definition of “Significant Portion of Its Range”

On July 1, 2014, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service jointly published a final policy providing their interpretation of the phrase ‘‘significant portion of its range,’’ which is part...more

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