USLegal Reporter

The US government has added polar bears to its list of animals to be protected under the Endangered Species Act. Secretary of the Interior Dirk Kempthorne made the annoucement on Wednesday after recommendations from the US Fish and Wildlife Service.

A report by the US Geological Survey said loss of sea ice as a result of global warming could lead to a destruction of the animal’s habitat and 2/3rds of the species within the next 50 years.

Sources: http://www.doi.gov/news/08_News_Releases/080514a.html

A US District Judge in California this week ruled that the Bush Administration has violated deadlines for reviewing the nation’s carbon monoxide standards.

Environmental groups have sued the Environmental Protection Agency to prompt it to update its policies. The current carbon monoxide standard was put in place in 1974. It was last reviewed in 1994 and no changes were made. Federal law requires assessment every five years.

Carbon monoxide is an orderless gas and pollutant which comes from auto emissions and the burning of other fossil fuels. Environmental advocates and California officials says it contributes to human health problems and global warming.

Source: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/05/07/MNJR10I1HQ.DTL

California and many other states will not be allowed at this time to pursue state specific restrictions on greenhouse gas emissions from cars, small trucks and SUVs. The Environmental Protection Agency (EPA) Wednesday denied California’s request for a waiver of the less stringent standards of the Federal Clean Air Act. Under the Federal Clean Air Act, California is allowed to seek a waiver in order to implement its own standards, and if a waiver is granted, other states may implement either the federal standards or those adopted by California. As many as twelve states had made plans to adopt the California standards.

Previously, California sued the EPA for a determination of whether it could impose stricter standards adopted by California’s Air Resources Board in 2004. EPA Administrator, Stephen L. Johnson, referenced new legislation (The Energy Independence and Security Act of 2007) that has been approved by Congress and signed by President Bush on Wednesday that will impose a national standard by requiring auto manufacturers to establish an industry-wide average fuel efficieny for these types of vehicles.

Source: http://jurist.law.pitt.edu/paperchase/2007/12/epa-denies-waiver-for-california-auto.php

A three-judge panel of the U.S. 9th Circuit Court of Appeals on Tuesday restored a ban that prevents the U.S. Navy from using submarine hunting sonar off the California Coast.

The Navy uses the technology for training missions. However, sonar blast can injure and kill whales, dolphins and other marine mammals.

The lawsuit was brought by environments. The California Coastal Commission has since joined in to seek a safe zone to protect gray whales. 

The Court order will enable the military to finish its current excerises, but it must develop better safeguards before resuming any further training missions scheduled for early next year.

Source: http://www.latimes.com/news/local/la-me-sonar14nov14,1,2780095.story?coll=la-headlines-california

In a 5-4 decision issued today, the United States Supreme Court ruled in favor of a coalition of States and environmental groups petitioning for the reversal of a D.C. Circuit Court of Appeals decision allowing the EPA to indefinitely postpone the regulation of automobile carbon dioxide emission levels under the Clean Air Act. On remand, the EPA is required to explain its reluctance in terms of the hurdles set by the Act rather than through the impermissible “laundry list” offered to date.

At issue was not only the interpretation of key language in the Clean Air Act and the propriety of the EPA’s “judgment” that regulations need not be propagated, but also whether the Petitioners had legal “standing” to bring the case. Five Justices ruled that the State of Massachusetts had standing both as a sovereign State (rather than an “individual” to whom proving the elements of standing is more difficult) and also through procedural rights to challenge EPA decision-making granted by the Act.

The Court’s four conservative Justices dissented on all points. The White House and a coalition of auto manufacturers and associated States were disappointed by the decision.

The case is Massachusetts et al. v. Environmental Protection Agency et al. No. 05-1120. Decided April 2, 2007. http://www.supremecourtus.gov/opinions/06pdf/05-1120.pdf