In an August 1, 2016 letter to the Commodity Futures Trading Commission (CFTC) and the Environmental Protection Agency (EPA), the Renewable Fuels Association (RFA) called for an...04 August 2016
Western District Texas Court Grants Summary Judgment for PBPA Plaintiffs and Vacates Lesser Prairie Chicken Listing Decision
The Western District of Texas decision is the first time a court has vacated an ESA listing decision on the grounds that FWS violated the APA by not properly evaluating conservation efforts as required by the PECE Policy (in this case the substantial efforts committed to under the Range-wide Plan). Although the government had requested remand without vacatur, the Court vacated the LPC listing rule in its entirety. The Court’s decision in PBPA v. DOI impacts landowners and businesses in the five states containing LPC habitat: Texas, New Mexico, Oklahoma, Colorado and Kansas. The decision also will impact four other district court cases (in the Northern District of Oklahoma and in the District Court of the District of Columbia) that challenge the LPC listing decision but which have not yet proceeded to briefing. The FWS has 60 days to decide whether to appeal the decision to the Fifth Circuit.
The lead Plaintiff in the lawsuit is PBPA, the largest regional oil and natural gas association in the United States, with more than 1,000 member companies that produce oil and gas in the Permian Basin. The Permian Basin, which includes west Texas and eastern New Mexico, is the most prolific oil-producing region in the United States and produces approximately 20 percent of the oil produced annually in the U.S. Joining PBPA as co-plaintiffs are Chaves, Eddy, Lea, and Roosevelt Counties in eastern New Mexico. The counties contain significant portions of LPC range and significant amounts oil and natural gas development, agriculture and farming.
Western Governors’ Association Urges Expanded Role for States in Administration of the Endangered Species Act
At the conclusion of its annual meeting earlier this month, the Western Governors’ Association adopted a broad policy resolution (2016-08) with specific recommendations for reform of the...11 July 2016
|After the UK Brexit referendum of 23 June the implications on the political, economic and legal relations between the UK and the EU have been discussed from many angles. But what about...|