Environmental
Nov. 18, 2016
Cascade of ESA listings unlikely, for now
A recent 9th Circuit opinion sparked concerns about a cascade of listings for species that are currently widespread. After all, nearly any species could be considered in danger of extinction from climate change over a sufficiently long planning horizon. By James F. Rusk
The 9th U.S. Circuit Court of Appeals last month upheld the listing of the Pacific bearded seal as "threatened" under the federal Endangered Species Act based primarily on projections of climate change through the end of this century, reversing a district court decision that found the projections too speculative. Alaska Oil & Gas Ass'n v. Pritzker, 2016 DJDAR 10506 (Aug. 22, 2016). The opinion sparked concerns, in Califor...
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