I should start writing a regular segment titled “On the Chopping Block this Week.” While Congress’ hands seem to be tied, the President surely doesn’t have the same problem with overturning policies from the Obama Administration.  This week was no exception, with the release of Trump’s Executive Order on Energy Independence and Interior Secretary Zinke’s

Newton’s Third Law apparently not only applies in physics, but in politics as well.  Last week, the California Senate leadership unveiled the “Preserve California” legislative package to oppose the rollback of federal environmental protections by President Trump and the GOP-controlled U.S. Congress.  The package included California State Senate Bill 49, aka the “California Environmental Defense Act,” which would adopt pre-Trump federal environmental and safety regulations as the minimum standards under California law.

Specifically, Senate Bill 49 would apply to the pre-Trump federal regulations issued under the federal Clean Air Act, Clean Water Act, Endangered Species Act, Safe Drinking Water Act, Fair Labor Standards Act, Occupational Safety and Health Act, and Mine Safety and Health Act.  The bill was introduced because Trump and the GOP have “signaled a series of direct challenges to these federal laws and the protections they provide ….”  Right on cue, President Trump released his plan yesterday to significantly limit the definition of waters of the United States protected by the Clean Water Act.
Continue Reading California to Thwart Trump’s Rollback of Federal Environmental Protections, Including Waters of US Deregulation

In a narrow win for plaintiff Wild Fish Conservancy (“Plaintiff”), the U.S. District Court for the Eastern District of Washington held that the biological opinion (“BiOp”) for the Leavenworth National Fish Hatchery (“Hatchery”) was arbitrary and capricious because the National Marine Fisheries Service (“NMFS”) failed to adequately consider the effects of climate change.

This case concerns a Hatchery located on Icicle Creek about three miles south of Leavenworth, Washington.  The purpose of the Hatchery is to replace spawning habitat impacted by construction of the Grand Coulee Dam, and it is operated by the U.S. Fish and Wildlife Service (“FWS”) and the Bureau of Reclamation (“BOR”).  Icicle Creek is home to two Endangered Species Act (“ESA”) listed species: the Upper Columbia River Chinook salmon and the Upper Columbia River steelhead.

Continue Reading Up the Creek Without a Paddle: District Court Holds that Biological Opinion Must Consider Climate Change Impacts