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Endangered Species Act Update: Sweeping Regulations Already Adopted, with More Proposed, Will Profoundly Alter Implementation of the Act


By David C. Smith and Jennifer Lynch The federal Endangered Species Act (ESA or the Act) has not escaped the Trump administration’s mandate for regulatory

Read More2020-11-18

California Court of Appeal Finds City’s ‘SLAPP’ Motion Failed to Show that Developer’s Lawsuit Arose from Protected Activity


By James Purvis A developer brought an action against the City of Oakland (City) alleging various causes of action. The City filed a demurrer, a

Read More2020-11-18

U.S. Army Corps of Engineers Publishes Proposal to Reissue and Modify Clean Water Act Nationwide Permits


By Geremy Holm and Steve Anderson On September 15, 2020, the U.S. Army Corps of Engineers (Corps) published a notice of proposed rulemaking (Proposed Rulemaking)

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Ninth Circuit Finds BLM Not Required to Prepare New EIS Prior to Approving New Oil and Gas Leases in Alaska


By Christina Berglund In Northern Alaska Environmental Center v. U.S. Dept. of the Interior the Ninth Circuit affirmed the U.S. District Court’s summary judgment in

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Tenth Circuit Holds Native American Pueblo Water Rights Not Extinguished by Spain


By Christina J. Bruff On September 29, 2020, the Tenth Circuit Court of Appeals addressed the question whether the U.S. District Court in New Mexico

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Ninth Circuit Affirms Order Vacating the Delisting of the Yellowstone Grizzly Population


By James Purvis The U.S. Fish and Wildlife Service (FWS) issued a final rule removing the grizzly bear population in the Greater Yellowstone Ecosystem from

Read More2020-11-18
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