Environmental and Policy Focus - Extended deadline expected in Obama’s upcoming climate plan: New York Times - Jul 28: The final version of President Obama’s signature climate change policy, which may be unveiled as...more
The federal Endangered Species Act (ESA) imposes certain procedural hurdles on any would-be plaintiff commencing a citizen suit to compel compliance with the ESA. One of the more substantive requirements is the 60-day notice...more
On July 23, 2014, the United States Court of Appeals for the Tenth Circuit held that the U.S. Environmental Protection Agency (EPA) was not required to consult with the U.S. Fish and Wildlife Service regarding potential...more
I previously noted that the record of the Bush administration in defending its rulemaking decisions was dangerously near the Mendoza Line. Indeed, even four years after Bush left office, it was continuing to lose decisions. ...more