News
The Guardian: World risks descending into a climate ‘doom loop’, warn thinktanks.
Assignment
NEPA
If you were absent from class on Thursday, Feb 16, be sure to watch the class recording. We went through what needs to be in a complaint for a NEPA case. We will finish our discussion of NEPA.
Environmental Quality Weighted Oil and Gas Production – Review this WWW page. You might want to look at the report as well. This is the theory that was discussed in the Friends of the Earth v. Haaland case. It argues that the environment is better protected by producing as much US oil and gas as possible because US production is cleaner than production in the rest of the world. What are the mistaken presumptions in the theory?
2017-2022 Gulf Of Mexico Multisale Environmental Impact Statement – This links to the EIS that is at issue in Friends of the Earth v. Haaland. Take a quick look to see the scale of a major EIS.
Food for thought – How would you argue to the SC under the MQD that Congress did not intend NEPA to include climate change as part of the EIS?
Endangered Species Act
Why is biodiversity so important? – Brief video explaining biodiversity.
Endangered Species Act 101 – Short video introducing the ESA.
J.B. Ruhl, “Climate Change and the Endangered Species Act: Building Bridges to the No-Analog Future,” 39 Environmental Law Reporter 10735 (August 2009) – Professor Ruhl reviews the ESA. Read this for his analysis of the problems of applying it to habitats threatened by climate change.
Everyone’s favorite endangered species
In re Polar Bear Endangered Species Act listing and Section 4(d) Rule Litigation, 709 F.3d 1 (D.C. Cir. 2013) – This is the listing case for polar bears. Read this for the factual justifications for listing the polar bear, do not worry about all the procedural fights. Think about what this listing really means. Is it a meaningful path to protecting polar bears? How might that work?