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Environmental & Energy

Nov. 15, 2022

US judge orders Trump endangered species reviews to remain

U.s. District Judge Jon S. Tigar’s earlier decision to vacate the Trump administration rules was criticized in an order from the 9th U.S. Circuit Court of Appeals after the Department of Justice and five Republican-led states challenged his ruling; arguing that the Supreme Court’s decision in Louisiana v. Am. Rivers, 142 S. Ct. 1347 (Apr. 6, 2022) changed the legal precedent regarding a court’s ability to vacate federal regulations without deciding on the merits.

Revisions to the Endangered Species Act made under President Donald Trump must remain in place while the U.S. Department of the Interior and the U.S. Fish and Wildlife Service review a new set of potential regulations, according to an order issued Monday by U.S. District Judge Jon S. Tigar.

Tigar had vacated the revisions on July 5 to prevent the regulations from being implemented while President Joe Biden’s administration worked to undo ...

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