Stacey Bosshardt Senior Counsel

In Maine Lobstermen’s Ass’n v. National Marine Fisheries Service, the U.S. Court of Appeals for the D.C. Circuit ruled that section 7 of the Endangered Species Act mandates using the “best scientific and commercial data available,” preventing the NMFS from making speculative, worst-case assumptions about whether a fishery is “not likely” to jeopardize a protected whale species’ survival.

The U.S. Court of Appeals for the District of Columbia Circuit’s decision in Maine Lobstermen’s Association v. State of Maine Dep’t of Marine Resources, 2023 WL 4036598 (D.C. Cir. June 16, 2023), stands as a warning that courts may show greater skepticism to statutory interpretations by agencies that reflect policy rather than empirical judgments (at least where they are not acknowledged as such).

President Biden signed into law the Inflation Reduction Act on August 16, 2022, which, among other things, uses the tax code to slow the effects of climate change by significantly investing in clean energy and reducing of greenhouse gas emissions by 40% by 2030.

Stacey Bosshardt and Christopher Thomas co-authored State of WOTUS: Have you seen Bill Murray in Groundhog Day? the July/August 2022 issue of Trends, a publication from the ABA Section of Environment, Energy, and Resources.

Stacey Bosshardt and Megan McLean co-authored Climate Change and the Biden Energy Agenda Part I: Infrastructure, the first article in two-part series in the PLI Chronicle about the Biden Administration’s climate change agenda.

A 90-minute multi-panelist briefing on the recent evolution of land use, planning, CEQA, and environmental law in California.