The National Environmental Policy Act (NEPA) is a United States environmental law that promotes the enhancement of the environment and established the President's Council on Environmental Quality (CEQ). The law was enacted on January 1, 1970. To date, more than 100 nations around the world have enacted national environmental policies modeled after NEPA.
The Endangered Species Act of 1973 is the primary law in the United States for protecting and conserving imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation", the ESA was signed into law by President Richard Nixon on December 28, 1973. The Supreme Court of the United States described it as "the most comprehensive legislation for the preservation of endangered species enacted by any nation". The purposes of the ESA are two-fold: to prevent extinction and to recover species to the point where the law's protections are not needed. It therefore "protect[s] species and the ecosystems upon which they depend" through different mechanisms. For example, section 4 requires the agencies overseeing the Act to designate imperiled species as threatened or endangered. Section 9 prohibits unlawful ‘take,’ of such species, which means to "harass, harm, hunt..." Section 7 directs federal agencies to use their authorities to help conserve listed species. The Act also serves as the enacting legislation to carry out the provisions outlined in The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Supreme Court found that "the plain intent of Congress in enacting" the ESA "was to halt and reverse the trend toward species extinction, whatever the cost." The Act is administered by two federal agencies, the United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS). FWS and NMFS have been delegated by the Act with the authority to promulgate any rules and guidelines within the Code of Federal Regulations (CFR) to implement its provisions.
An environmental impact statement (EIS), under United States environmental law, is a document required by the 1969 National Environmental Policy Act (NEPA) for certain actions "significantly affecting the quality of the human environment". An EIS is a tool for decision making. It describes the positive and negative environmental effects of a proposed action, and it usually also lists one or more alternative actions that may be chosen instead of the action described in the EIS. Several U.S. state governments require that a document similar to an EIS be submitted to the state for certain actions. For example, in California, an Environmental Impact Report (EIR) must be submitted to the state for certain actions, as described in the California Environmental Quality Act (CEQA). One of the primary authors of the act is Lynton K. Caldwell.
The California Environmental Quality Act is a California statute passed in 1970 and signed in to law by then-governor Ronald Reagan, shortly after the United States federal government passed the National Environmental Policy Act (NEPA), to institute a statewide policy of environmental protection. CEQA does not directly regulate land uses, but instead requires state and local agencies within California to follow a protocol of analysis and public disclosure of environmental impacts of proposed projects and, in a departure from NEPA, adopt all feasible measures to mitigate those impacts. CEQA makes environmental protection a mandatory part of every California state and local (public) agency's decision making process. It has also become the basis for numerous lawsuits concerning public and private projects.
The Healthy Forests Initiative (HFI), officially the Healthy Forests Restoration Act of 2003, is a law proposed by President George W. Bush following the forest fires of 2002 which was devastatingly widespread. Its stated intent is to reduce the threat of destructive wildfires. The law seeks to accomplish this by allowing timber harvests on protected National Forest's land. The law streamlined the permitting process for timber harvests in National Forests by adding new categorical exclusions to the National Forest Service's list of categorical exclusions from the environmental impact assessment process.
Tennessee Valley Authority v. Hiram Hill et al., or TVA v. Hill, 437 U.S. 153 (1978), was a United States Supreme Court case and the Court's first interpretation of the Endangered Species Act of 1973. After the discovery of the snail darter fish in the Little Tennessee River in August 1973, a lawsuit was filed alleging that the Tennessee Valley Authority (TVA)'s Tellico Dam construction was in violation of the Endangered Species Act. Plaintiffs argued dam construction would destroy critical habitat and endanger the population of snail darters. It was decided by a 6-3 vote, in which the U.S. Supreme Court ruled in favor of Hill, et al. and granted an injunction stating that there would be conflict between Tellico Dam operation and the explicit provisions of Section 7 of the Endangered Species Act.
Environmental Impact assessment (EIA) is the assessment of the environmental consequences of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. In this context, the term "environmental impact assessment" is usually used when applied to actual projects by individuals or companies and the term "strategic environmental assessment" (SEA) applies to policies, plans and programmes most often proposed by organs of state. It is a tool of environmental management forming a part of project approval and decision-making. Environmental assessments may be governed by rules of administrative procedure regarding public participation and documentation of decision making, and may be subject to judicial review.
Ironwood Ridge High School is a public high school located in Oro Valley, Arizona. Ironwood Ridge is one of three high schools in the Amphitheater Public School District and serves grades 9-12. The school mascot is the nighthawk, and the school colors are navy blue and silver. Ironwood Ridge opened in 2001 and has a student enrollment of 1,942. The school's name originates from the abundance of desert ironwood trees in the area and the school's location in the rugged foothills of the Tortolita Mountains.
The National Forest Management Act (NFMA) of 1976 is a United States federal law that is the primary statute governing the administration of national forests and was an amendment to the Forest and Rangeland Renewable Resources Planning Act of 1974, which called for the management of renewable resources on national forest lands. The law was a response to lawsuits involving various practices in the national forest, including timber harvesting., Zieske v Butz was the lawsuit brought by members of the Pt Baker Association on Prince of Wales Island against the US Forest Service's first environmental impact statement. The suit halted logging on the NW tip of the island which consisted of 400,000 acres and resulted in a call by the timber industry for Congressional action to undo the lawsuit. Representative Foley noted on the floor that six other suits were blocking logging with holdings similar to Zieske v Butz.
The Alabama beach mouse is a federally endangered subspecies of oldfield mouse that lives along the Alabama coast.
The U.S. Fish and Wildlife Service (USFWS) has a number of programs aimed at Mission blue butterfly habitat conservation, which include lands traditionally inhabited by the Mission blue butterfly, an endangered species. A recovery plan, drawn up by the U.S. Fish and Wildlife Service in 1984, outlined the need to protect Mission blue habitat and to repair habitat damaged by urbanization, off highway vehicle traffic, and invasion by exotic, non-native plants. An example of the type of work being done by governmental and citizen agencies can be found at the Marin Headlands in the Golden Gate National Recreation Area. In addition, regular wildfires have opened new habitat conservation opportunities as well as damaging existing ones.
The Endangered Species Act (ESA) was first passed in 1973 and forms the basis of biodiversity and endangered species protection in the United States. The original purpose of the Endangered Species Act of 1973 was to prevent species endangerment and extinction due to the human impact on natural ecosystems. The three most powerful sections of the ESA are Sections 4, 7 and 9. Section 4 allows the Secretaries of Interior and Commerce to list species as threatened or endangered based on best available data. Section 7 requires federal agencies to consult with Fish and Wildlife Service (FWS) or National Marine Fisheries Service (NMFS) before taking any action that may threaten a listed species. Section 9 forbids the taking of an endangered species. The first amendment to the ESA was passed by the 95th United States Congress in 1978 to "introduce some flexibility into the Endangered Species Act".
United States v. Students Challenging Regulatory Agency Procedures (SCRAP), 412 U.S. 669 (1973), was a landmark decision of the United States Supreme Court in which the Court held that the members of SCRAP—five law students from the George Washington University Law School—had standing to sue under Article III of the Constitution to challenge a nationwide railroad freight rate increase approved by the Interstate Commerce Commission (ICC). SCRAP was the first full-court consideration of the National Environmental Policy Act (NEPA). The Court also reversed the lower court decision that an injunction should be issued at the suspension stage of the ICC rate proceeding. The standing decision has retained its place as the high mark in the Court's standing jurisprudence.
An incidental take permit is a permit issued under Section 10 of the United States Endangered Species Act (ESA) to private, non-federal entities undertaking otherwise lawful projects that might result in the take of an endangered or threatened species. Application for an incidental take permit is subject to certain requirements, including preparation by the permit applicant of a conservation plan.
A Habitat Conservation Plan (HCP) is a required part of an application for an Incidental Take Permit, a permit issued under the United States Endangered Species Act (ESA) to private entities undertaking projects that might result in the destruction of an endangered or threatened species. It is a planning document that ensures that the anticipated take of a listed species will be minimized or mitigated by conserving the habitat upon which the species depend, thereby contributing to the recovery of the species as a whole.
The Responsibly And Professionally Invigorating Development Act of 2013 is a bill that would aim to expedite the review process required by the National Environmental Policy Act (NEPA) for construction projects that are partly or fully financed with federal funds or require permits or approvals from federal regulatory agencies. It was to do so by establishing specific deadlines for environmental reviews, which sometimes go on so long that they can delay a project for years.
Conservation banking is an environmental market-based method designed to offset adverse effects, generally, to species of concern, are threatened, or endangered and protected under the United States Endangered Species Act (ESA) through the creation of conservation banks. Conservation banking can be viewed as a method of mitigation that allows permitting agencies to target various natural resources typically of value or concern, and it is generally contemplated as a protection technique to be implemented before the valued resource or species will need to be mitigated. The ESA prohibits the "taking" of fish and wildlife species which are officially listed as endangered or threatened in their populations. However, under section 7(a)(2) for Federal Agencies, and under section 10(a) for private parties, a take may be permissible for unavoidable impacts if there are conservation mitigation measures for the affected species or habitat. Purchasing “credits” through a conservation bank is one such mitigation measure to remedy the loss.
United States Fish and Wildlife Service v. Sierra Club, Inc., 592 U.S. ___ (2021), was a Supreme Court of the United States case involving whether the use of a Freedom of Information Act (FOIA) request can be used to access documents from a U.S. agency that are protected under the deliberative process privilege exemption, in this specific case, draft biological opinions made and reviewed by the United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) prior to a final rulemaking decision by the Environmental Protection Agency (EPA) related to impacts on endangered aquatic species, requested by the Sierra Club. The Court ruled in a 7–2 decision in 2021 that the government does not have to disclose "draft biological opinions" involving potential threats to endangered species, even though the drafts reflect an agency's final proposal. The ruling limits environmental groups' ability to obtain government documents using the FOIA.
The Santa Clara Valley Habitat Conservation Plan (SCVHCP), also known as the Santa Clara Valley Habitat Plan, is an initiative issued in 2012 by the County of Santa Clara, the City of San José, the City of Morgan Hill, the City of Gilroy, the Santa Clara Valley Water District (SCVWD), and the Santa Clara Valley Transportation Authority (VTA). These governmental agencies are collectively called the "Local Partners" in regards to the Santa Clara Valley Habitat Conservation Plan. The plan's goal is to protect and encourage the growth of endangered species in Santa Clara County. It is a 50-year plan, costing an estimated $660 million as of 2012.
