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Consent decree affirmed

Re: Expedited Request for Records Relating to the Review of National Monuments

INTRODUCTION 1. Attraction to bright lights is a major threat to the continued survival and recovery of the Newell’s shearwater (Puffinus auricularis newelli), the Hawaiian petrel (Pterodroma sandwichensis) and the Hawai‘i population of Bandrumped Storm-petrels (Oceanodrama castro) (collectively, “imperiled seabirds”). These seabirds are native to the Hawaiian Islands and protected pursuant to the Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531 et seq. The Newell’s shearwater was listed as threatened in 1975, the Hawaiian petrel was listed as endangered in 1967, and the Hawaiian population of Band-rumped Storm-Petrels was listed as endangered in 2016.

The panel affirmed in part, reversed in part and remanded for further proceedings in an action brought by environmental groups and individuals who challenged a decision by the U.S. Department of Defense to construct a new military base on Okinawa, Japan.

pursuant to § 401 of the Clean Water Act, 33 U.S.C. § 1341, that petitioner’s proposed interstate 2 natural gas pipeline would comply with New York State water quality standards (“§ 401 3 certification”). Respondents denied the application on the ground that petitioner had not complied 4 with requests for relevant information. Petitioner contends (1) that respondents exceeded the statutory 5 time limitations for the State’s review of the application and that they must therefore be ordered to 6 notify the United States Army Corps of Engineers (“USACE”) that the State waives its right to issue 7 or deny § 401 certification, thereby allowing USACE to issue a permit to petitioner under § 404 of 8 the Clean Water Act

The Consent Decree entered in this matter requires that, by September 9, 2017,
Defendant Scott Pruitt, Administrator, United States Environmental Protection Agency (“EPA”)
sign a notice of final rulemaking pursuant to the Clean Air Act’s (“CAA”) regional haze
program, 42 U.S.C. § 7491, to meet the “best available retrofit technology” (“BART”)
requirement for electric generating units (“EGUs”) in Texas. Consent Decree ¶ 4.a.i and ii. EPA
may meet this obligation by: (1) promulgating a federal implementation plan (“FIP”); (2)
approving a state implementation plan (“SIP”); or (3) promulgating a partial FIP and approving a
partial SIP that together meet the relevant requirements. Id.

Letter to Interior Secretary Ryan K. Zinke

Filed in the United States District Court for the District of Columbia

Filed in the United States District Court for the District of Columbia

This case challenges the Montana Department of Environmental Quality’s issuance of a water pollution discharge permit for the Montanore Mine, a massive copper and silver mining project proposed by the Montanore Minerals Corp. (“MMC”) in the Cabinet Mountains of northwest Montana. The proposed mine would tunnel beneath the Cabinet Mountains Wilderness Area of the Kootenai National Forest, which boasts some of the purest waters in the lower-48 and harbors vital populations of bull trout—a threatened species protected by the Endangered Species Act—and other native fish.

Docket ID: NOAA-NOS-2017-0066; Review of National Marine Sanctuaries and Marine National Monuments Designated or Expanded Since April 28, 2007; Notice of Opportunity for Public Comment (82 Fed. Reg. 28,827 (June 26, 2017)); Notice of Reopening of Public Comment Period (82 Fed. Reg. 35,509 (July 31, 2017))

On behalf of the 46 undersigned organizations, these comments are submitted on the Department of Commerce, National Oceanic and Atmospheric Administration’s Notice of Opportunity for Public Comment on the Review of National Marine Sanctuaries and Marine National Monuments Designated or Expanded Since April 28, 2007, 82 Fed. Reg. 28,827. While we firmly disagree with the need for and intent of such a review, we appreciate the opportunity to comment on the Review. These comments pertain specifically to the four California National Marine Sanctuary expansions that are included in the Review pursuant to EO 13795: Channel Islands National Marine Sanctuary, Cordell Bank National Marine Sanctuary, Greater Farallones National Marine Sanctuary, and Monterey Bay National Marine Sanctuary.

In a commonsense ruling, the Washington Court of Appeals held that state land management agencies must fully protect dynamic rivers, streams, and riparian areas from commercial logging by following the clear language of the Forest Practices Board Manual delineating river migration zones and stream-side protections.

Earthjustice—on behalf of organizations representing consumers, people from low-income communities of color, Alaska Natives, parents and teachers of children with learning disabilities, workers, and scientists—has brought two suits against the Trump Administration for weakening key rules establishing how the Environmental Protection Agency will regulate toxic chemicals found in consumer products, building materials, and work places, as well as in our drinking water and food. Specifically, the lawsuits challenge two EPA regulations that set ground rules for how EPA will prioritize chemicals for safety review and then evaluate the risks of those chemicals under the recently updated Toxic Substances Control Act.

Earthjustice—on behalf of organizations representing consumers, people from low-income communities of color, Alaska Natives, parents and teachers of children with learning disabilities, workers, and scientists—has brought two suits against the Trump Administration for weakening key rules establishing how the Environmental Protection Agency will regulate toxic chemicals found in consumer products, building materials, and work places, as well as in our drinking water and food. Specifically, the lawsuits challenge two EPA regulations that set ground rules for how EPA will prioritize chemicals for safety review and then evaluate the risks of those chemicals under the recently updated Toxic Substances Control Act.

Filed by the Standing Rock Sioux Tribe, joined by the Cheyenne River Sioux Tribe, explaining why the Dakota Access pipeline must be shut down during the new environmental review process.

In support of the Standing Rock Sioux Tribe and Cheyenne River Sioux Tribes’ Brief Regarding Remedy

Filed by law professors and experts on the National Environmental Policy Act