The 5th Circuit Court of Appeals has upheld a 2018 district court decision that overturned Department of Commerce regulations permitting industrial aquaculture operations in U.S. federal waters.
This Week's Spotlights
Case Law Updates - Federal Case Law Updates
Fifth Circuit Upholds Decision Banning Offshore Aquaculture
Agency Updates
FWS and NMFS Propose to Define “Habitat” Under Endangered Species Act
The Fish and Wildlife Service and National Marine Fisheries Service have issued a proposed rule to change the definition of the term “habitat” under the Endangered Species Act. The rule proposes to define the term “habitat” as “the physical places that individuals of a species depend upon to carry out one or more life processes. Habitat includes areas with existing attributes that have the capacity to support individuals of the species,” or, alternatively, as “the physical places that individuals of a species use to carry out one or more life processes. Habitat includes areas where individuals of the species do not presently exist but have the capacity to support such individuals, only where the necessary attributes to support the species presently exist.” The agencies are accepting comments on the proposed rule until September 4, 2020. The proposed rule comes in response to the Supreme Court’s recent decision in Weyerhaeuser Co. v. U.S. FWS.
The Fish and Wildlife Service and National Marine Fisheries Service have issued a proposed rule to change the definition of the term “habitat” under the Endangered Species Act. The rule proposes to define the term “habitat” as “the physical places that individuals of a species depend upon to carry out one or more life processes. Habitat includes areas with existing attributes that have the capacity to support individuals of the species,” or, alternatively, as “the physical places that individuals of a species use to carry out one or more life processes. Habitat includes areas where individuals of the species do not presently exist but have the capacity to support such individuals, only where the necessary attributes to support the species presently exist.” The agencies are accepting comments on the proposed rule until September 4, 2020. The proposed rule comes in response to the Supreme Court’s recent decision in Weyerhaeuser Co. v. U.S. FWS.
Case Law Updates
Federal Case Law Updates
Groups Challenge Minnesota Mining Permits Under ESA
The Center for Biological Diversity, Northeastern Minnesotans for Wilderness, and the Wilderness Society have filed suit against several federal agencies, alleging that that agencies’ approval of extensions to mining permits in Minnesota violated the National Environmental Protection Act and the Endangered Species Act.
The Center for Biological Diversity, Northeastern Minnesotans for Wilderness, and the Wilderness Society have filed suit against several federal agencies, alleging that that agencies’ approval of extensions to mining permits in Minnesota violated the National Environmental Protection Act and the Endangered Species Act.
More Groups Challenge New NEPA Regulations
Nine nonprofit groups have filed suit against the Council on Environmental Quality, challenging the administration’s newly released final rule updating its regulations instructing federal agencies on how to implement the National Environmental Protection Act.
Nine nonprofit groups have filed suit against the Council on Environmental Quality, challenging the administration’s newly released final rule updating its regulations instructing federal agencies on how to implement the National Environmental Protection Act.
Agency Updates
FWS and NMFS Propose to Define “Habitat” Under Endangered Species Act
The Fish and Wildlife Service and National Marine Fisheries Service have issued a proposed rule to change the definition of the term “habitat” under the Endangered Species Act. The rule proposes to define the term “habitat” as “the physical places that individuals of a species depend upon to carry out one or more life processes. Habitat includes areas with existing attributes that have the capacity to support individuals of the species,” or, alternatively, as “the physical places that individuals of a species use to carry out one or more life processes. Habitat includes areas where individuals of the species do not presently exist but have the capacity to support such individuals, only where the necessary attributes to support the species presently exist.” The agencies are accepting comments on the proposed rule until September 4, 2020. The proposed rule comes in response to the Supreme Court’s recent decision in Weyerhaeuser Co. v. U.S. FWS.
The Fish and Wildlife Service and National Marine Fisheries Service have issued a proposed rule to change the definition of the term “habitat” under the Endangered Species Act. The rule proposes to define the term “habitat” as “the physical places that individuals of a species depend upon to carry out one or more life processes. Habitat includes areas with existing attributes that have the capacity to support individuals of the species,” or, alternatively, as “the physical places that individuals of a species use to carry out one or more life processes. Habitat includes areas where individuals of the species do not presently exist but have the capacity to support such individuals, only where the necessary attributes to support the species presently exist.” The agencies are accepting comments on the proposed rule until September 4, 2020. The proposed rule comes in response to the Supreme Court’s recent decision in Weyerhaeuser Co. v. U.S. FWS.
Other Updates
The Role of Science in Cultured Meat and Public Perceptions
An article published Trends in Food Science & Technology explores the role scientists may play in helping public understanding and perception of cultured meat products.
An article published Trends in Food Science & Technology explores the role scientists may play in helping public understanding and perception of cultured meat products.