Environmental Law

Assume that the U.S. Fish and Wildlife Service issues a proposed rule that adopts the Recovery Plan, with the following additions: (1) the Plan now requires an adaptive management plan that measures the effects of filling streams (with sediment) on the Cumberland darter; (2) prohibits any filling of any streams in Management Units 1-9 except in accordance with the adaptive management plans; (3) authorizes $500,000 in federal funding for experimental filling of streams in Management Units 1-9; (4) authorizes $2 million in federal funding for development of ponds in Management Units 1-9 to create more habitat for the Cumberland darter; (5) requires the best possible pollution controls on any discharges to any streams with Management Units 1-9; and (6) rejects, as described in more detail in the associated Environmental Impact Statement, any alternatives to measures (1) – (5) as being too impractical and expensive.

Respond to the following:

Write a page an a half on this….
The comment period for the rule is open. Pretend that you are either the president of an environmental nonprofit in the area or the president of a construction company developing homes in Management Units 7 and 8 (pick one). In that role, what would your comments be on the proposed rule?

Write a page an a half on this….

Assume that the rule was finalized as proposed, with zero changes based on public comments. In the same role you picked for #1, pretend that you are now challenging the final rule in federal court. What is the process for such appeal, and what are the issues you are challenging under the applicable statute(s)? Does anything prevent you – in the role you chose – from being a proper party to appeal the rule?

Sample Solution