Rafe Petersen

Rafe Petersen

Holland & Knight LLP

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Fifth Circuit Limits the Reach of ESA "Take Liability" for State Regulatory Agencies Based on "Proximate Causation" Principles

The Fifth Circuit's decision provides important legal and factual guidance for whether an action will cause a "take" under the ESA. While the decision only affects states covered by the Fifth Circuit (Texas, Louisiana and...more

7/15/2014 - Endangered Species Endangered Species Act ESA Listings Proximate Cause

D.C. Circuit Defers to US Environmental Protection Agency's Decision to Retain Existing Acid Rain Standards In Light of Scientific...

On May 27, 2014 the D.C. Circuit upheld the United States Environmental Protection Agency's (EPA) decision to retain its existing air quality standards for nitrogen dioxide (NO2) and sulfur dioxide (SO2) which address the...more

5/30/2014 - Air Pollution Air Quality Standards Discharge of Pollutants Environmental Policies EPA

Proposed Endangered Species Act Regulations Would Revise Rules And Protections Related To "Critical Habitat" - Proposal Would...

HIGHLIGHTS - - The proposed regulations would considerably change the regulatory definitions related to "critical habitat" and "adverse modification," increasing agency discretion to designate and protect areas that...more

5/21/2014 - Critical Habitat ESA Fish and Wildlife Service National Marine Fisheries Service Proposed Regulation

D.C. Judge Approves Consent Decree Requiring Publication Of USEPA Rule

On May 2, 2014 the United States District Court for the District of Columbia approved a consent decree in Appalachian Voices et. al. v McCarthy, 12 cv-00254 (RBW), setting December 19, 2014 as the date by which the United...more

5/13/2014 - Coal Coal Ash Consent Decrees EPA Proposed Amendments RCRA

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