Calling On the “God Squad” Under the Endangered Species Act

Calling On the “God Squad” Under the Endangered Species Act

As reported by Kristi Pihl of the Tri-City Herald earlier this week, the Columbia-Snake Irrigators Association has requested that the Governors of Washington, Oregon, and Idaho proceed through the “God Squad” process under the federal Endangered Species Act (ESA) to seek to exempt those who operate on the rivers from having to provide any further mitigation for the local salmon and steelhead populations. 

Water Use in British Columbia: Water Pricing Debate Generates Widely Differing Views

By | Project Law Blog | April 22, 2014
Water Use in British Columbia:  Water Pricing Debate Generates Widely Differing Views

The Province’s discussion paper Pricing B.C.’s Water has garnered a wide range of opinions since being released in March.  As part of the public consultation effort regarding the new Water Sustainability Act (now at 2nd reading in the legislature), the public was given until April 8 to provide its views on water pricing and the Province’s water pricing principles.

D.C. Circuit Vacates EPA Affirmative Defense Regulation – Some Limits On Regulatory Authority

D.C. Circuit Vacates EPA Affirmative Defense Regulation – Some Limits On Regulatory Authority

The United States Court of Appeals for the District of Columbia Circuit decided last Friday in Natural Resources Defense Council v. Environmental Protection Agency (EPA) that (1) the emissions-related provisions of the 2013 Portland Cement Rule were permissible but that (2) EPA exceeded its statutory authority in a 2010 version by promulgating an affirmative defense in private civil suits when control equipment unavoidably malfunctions.

En Banc Ninth Circuit Holds Endangered Species Act Consultation Requirement Applies to Renewal of Long-Term Water Contracts

En Banc Ninth Circuit Holds Endangered Species Act Consultation Requirement Applies to Renewal of Long-Term Water Contracts

In a unanimous decision, eleven active judges on the United States Court of Appeals for the Ninth Circuit held that the duty to consult under section 7(a)(2) of the Endangered Species Act (ESA) when a federal agency action may affect a listed species or designated critical habitat of such species applies to the decision of the Bureau of Reclamation (Bureau) to renew long-term contracts to provide water to non-Federal parties.