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Arbitrary and Capricious › Agency Deference

Sheppard Mullin Richter & Hampton LLP

Use of long-term climate projections for bearded seal listing not necessarily a bellwether for Endangered Species Act decisions

Sheppard Mullin Richter & Hampton LLP on

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

Foley Hoag LLP - Environmental Law

The Arbitrary and Capricious Standard Remains Deferential: The Corps’ Nationwide Permit 21 Survives Review

Foley Hoag LLP - Environmental Law on

Late last week, the 11th Circuit Court of Appeals rejected challenges to the Army Corps’ Nationwide Permit 21, which allows small surface mining projects to proceed without individual permits under § 404. ...more

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