David M. Moore

November 28, 2018

U.S. Supreme Court Explains: What is Endangered Species Habitat?

This week the U.S. Supreme Court put its finger on the essential problem of the nearly 50 year old Endangered Species Act, 16 U.S.C. 1531 – What is endangered species habitat? The question is important.  Unbeknownst to those who do not pour through the Federal Register daily, millions of acres of private lands are designated […]
October 1, 2018

Coal-ash policies are not wrong-headed . . .

Author: Dave Moore USA Today Op-Ed Published Sept. 30, 2018 Hurricanes like Florence are force majeur under environmental laws — chance and unavoidable accidents: Opposing view Three years ago, the Environmental Protection Agency placed restrictions on new coal-ash storage and disposal areas as part of laws enacted 30 years ago to address solid wastes. Ash […]
June 27, 2018

Supreme Court Reverses Georgia’s Win in the 28-year ACF Water Disputes . . .

On June 27, the U.S. Supreme Court reversed and remanded the Special Master decision finding in favor of Georgia in the Florida v. Georgia original jurisdiction litigation over the Apalachicola-Chattahoochee-Flint (ACF) river basin.  The Special Master had found that Florida failed to show harm and redressability.  The U.S. Supreme Court in a 5-4 decision remanded […]
June 7, 2018

When habitat alteration can violate the Endangered Species Act – New USFWS Guidance

On April 26, the Fish and Wildlife Service (Service) issued new guidance on incidental take for habitat modification.   “Guidance on trigger for an incidental take permit under section 10(a)(1)(B) of the Endangered Species Act where occupied habitat or potentially occupied habitat is being modified,” USFWS April 26, 2018    Since the 1980s, regulations under the […]
May 22, 2018

Indianapolis Site Will Not Go on CERCLA National Priorities List Due to – Science!

On May 18, 2018, the D.C. Circuit Court of Appeals held that EPA had not adequately reviewed groundwater science and found EPA’s proposal to list the “West Vermont” site in Indianapolis arbitrary and capricious.  EPA will have to go back to the drawing board if it wants to list West Vermont on the National Priorities […]