U.S. Fishery Management Council Power to Veto Severed
April 3rd, 2025 — by Steven Young — Category: Fisheries
The Third Circuit Court of Appeal's recent decision in Lofstad v. Raimondo represents a significant shift in the legal framework governing U.S. Fishery Management Councils with broad implications. Lofstad, 117 F. 4th 493 (3rd Cir. 2024). The court held that the Fishery Management Councils wield significant authority and are unlawfully Officers of the United States.
SpaceX and California Coastal Commission Dispute over Rocket Launches along Central California Coast
April 1st, 2025 — by Jon Scoggins — Category: Miscellaneous
Nestled in Santa Barbara County, California, is Vandenberg Space Force Base—the world’s second busiest spaceport. At Vandenberg, Space Exploration Technologies Corp. (“SpaceX”) leases land and has invested over $540 million in developing launch infrastructure.
Delaware Think Tank Challenges Offshore Wind Project
February 26th, 2025 — by Charles Miller — Category: Offshore Energy
In October of 2024, the Caesar Rodney Institute (CRI) filed suit against Shawn Garvin, Secretary of the Delaware Department of Natural Resources and Environmental Control (DNREC), challenging the creation of wind turbines off the shores of Delaware. The wind turbines would be a part of the Maryland Offshore Wind Project, but are expected to bring various benefits to Delaware as well.
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) has entered a new era with the U.S. Environmental Protection Agency’s (EPA) recent designation of certain per- and polyfluoroalkyl substances (PFAS), or “forever chemicals,” as hazardous substances. Announced on April 19, 2024, and entered into force on July 8, 2024, this designation represents a shift in the environmental law landscape.