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- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (6)
- Endangered Species Act Congressional Field Tour (August 17-19) (5)
- Public Land & Resources Law Review (5)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (4)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (3)
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- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (3)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (3)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (3)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (2)
- Introduction to the Legal Foundation of Federal Land Management (December 1-3) (2)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (2)
- Scholarly Publications (2)
- Sustainable Use of the West's Water (Summer Conference, June 12-14) (2)
- The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4) (2)
- The Promise and Peril of Oil Shale Development (February 5) (2)
- Western Water Law in Transition (Summer Conference, June 3-5) (2)
- Who Governs the Public Lands: Washington? The West? The Community? (September 28-30) (2)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13) (1)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (1)
- Catholic University Law Review (1)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (1)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (1)
- Florida A & M University Law Review (1)
- Pace Environmental Law Review (1)
- Testimony Before Congress (1)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (1)
- The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18) (1)
- Tim Sullivan (1)
- Publication Type
Articles 1 - 30 of 65
Full-Text Articles in Law
Under-Enforcement Of Federal Animal Protection Laws: Agencies Abdicating Enforcement Authority, And An Outlier Eleventh Circuit ‘Serious Harm’ Rule, Rebekah Green
Catholic University Law Review
Congress enacted the Endangered Species Act, Animal Welfare Act, and the Marine Mammal Protection Act to protect and preserve endangered and threatened fish and wildlife, animals, and marine mammals. The United States Department of Agriculture (“USDA”) is the primary administrative agency in charge of regulating zoos, wildlife centers, and aquariums, yet fails to consistently enforce the Animal Welfare Act, which this Comment reviews. This means that private animal advocacy agencies are left suing zoos, wildlife centers, and aquariums under the “taking” clause of the Endangered Species Act in order to ensure animal safety and care. While most circuits agree upon …
Collaborative Governance Under The Endangered Species Act: An Empirical Analysis Of Protective Regulations, Robert L. Fischman, Vicky J. Meretsky, Matthew P. Castelli
Collaborative Governance Under The Endangered Species Act: An Empirical Analysis Of Protective Regulations, Robert L. Fischman, Vicky J. Meretsky, Matthew P. Castelli
Articles by Maurer Faculty
Recent conservation and administrative law scholarship emphasizes the need for potential legal adversaries to work together. Stakeholders and regulators can pool their political capital, money, property, expertise, and legal leverage to achieve more than could be accomplished through mere mechanical implementation of statutory commands. Most commentators associate collaboration with programs promoting fuzzy objectives to engage the public and advisory groups.
The Endangered Species Act (ESA) is a polarizing statute that imposes seemingly uncompromising mandates. But this Article demonstrates that the ESA actually provides rich opportunities for collaborative governance. In exploring this underappreciated success story, we document how conservation collaboration adapts …
National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour
National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour
Public Land & Resources Law Review
The Sixth Circuit Court of Appeals recently ruled in favor of the Department of Transportation in considering whether the district court erred in holding that an agency took a discretionary action when it approved oil spill response plans to a pipeline under the Clean Water Act. The Sixth Circuit reversed the district court’s decision. It held the Department of Transportation does not need to consider the Endangered Species Act and the National Environmental Policy Act requirements in their response plans as long as the Clean Water Act criteria for such plans are met.
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public Land & Resources Law Review
In 2015, the Obama Administration announced its conservation plans for the greater sage-grouse, an iconic bird of the intermountain west.Political leadership at the time described those plans as the “largest landscape-level conservation effort in U.S. history,”and they served as the foundation for a decision by the U.S. Fish and Wildlife Service (“FWS”) that a listing of the bird was not warranted under the Endangered Species Act (“ESA”). The Trump Administration appears poised to substantially amend the plans, although an array of interested parties have urged that the plans be left intact. Regardless of the outcome of this debate, conservation of …
Center For Biological Diversity V. Zinke, Ryan Hickey
Center For Biological Diversity V. Zinke, Ryan Hickey
Public Land & Resources Law Review
The oft-cited “arbitrary and capricious” standard revived the Center for Biological Diversity’s most recent legal challenge in its decades-long quest to see arctic grayling listed under the Endangered Species Act. While this Ninth Circuit decision did not grant grayling ESA protections, it did require the United States Fish and Wildlife Service to reconsider its 2014 finding that listing grayling as threatened or endangered was unwarranted. In doing so, the court found “range,” as used in the ESA, vague while endorsing the FWS’s 2014 clarification of that term. Finally, this holding identified specific shortcomings of the challenged FWS finding, highlighting how …
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Public Land & Resources Law Review
In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …
Defenders Of Wildlife V. Zinke, Jacob R. Schwaller
Defenders Of Wildlife V. Zinke, Jacob R. Schwaller
Public Land & Resources Law Review
Wyoming was the final holdout of protections for wolves under the Endangered Species Act, and a recent decision by the United States Circuit for the District of Columbia has finally overturned those protections. After years of court battles, this decision marks the final adjudication removing federal protections, and places the management of the wolves in the Greater Yellowstone Area back in the hands of the states surrounding Yellowstone National Park. Complete deference to state regulatory systems may be a new trend in the adjudication of cases under the ESA, and this case could have significant impacts on future deference given …
Choosing Your Ground On The Endangered Species Act: How Do The Ninth, Tenth, And District Of Columbia Circuit Courts Of Appeal Evaluate Water Management Decisions Made By Federal Water Agencies?, Michael Kinsey
Pace Environmental Law Review
The purpose of this article is twofold. First, federal agencies are responsible for the development and implementation of ESA documents, and knowing what a court will look for and at when that document is challenged can help the agencies to develop a document that can better survive court review. Second, a plaintiff who challenges such a document can benefit from that same knowledge, by knowing which elements of the document to best challenge. The intent of this article is to provide practitioners, both agency and non-, with an introduction to that knowledge, to identify some of those difficulties, dangers, and …
Day 1: Wednesday, 17 August 2005: Biodiversity And Critical Habitat, Charles Bedford, Federico Cheever, Tim Sullivan
Day 1: Wednesday, 17 August 2005: Biodiversity And Critical Habitat, Charles Bedford, Federico Cheever, Tim Sullivan
Tim Sullivan
6 pages (includes color illustration). Contains references.
Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis
Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Amy Cordalis, Staff Attorney, Yurok Tribe
34 slides
Slides: New Era Of Water Banking And Refined "Water Accounting", Bonnie Colby
Slides: New Era Of Water Banking And Refined "Water Accounting", Bonnie Colby
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Professor Bonnie Colby, Departments of Agricultural and Resource Economics and Hydrology and Water Resources, University of Arizona
23 slides
Reconsidering A Weakened Regulation: A Critical Analysis Of Delisting In The Endangered Species Act, Crystal D. Anderson
Reconsidering A Weakened Regulation: A Critical Analysis Of Delisting In The Endangered Species Act, Crystal D. Anderson
Florida A & M University Law Review
No abstract provided.
Slides: The Spotted Owl Controversy: An Example Of The Esa's Dominant Role In Federal Land Use Planning, Norman D. James
Slides: The Spotted Owl Controversy: An Example Of The Esa's Dominant Role In Federal Land Use Planning, Norman D. James
The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)
Presenter: Norman D. James, Director, Fennemore Craig, PC (Phoenix, AZ)
17 slides
Slides: Celebrating Flpma: Land Use Planning At The Blm, Marcilynn Burke
Slides: Celebrating Flpma: Land Use Planning At The Blm, Marcilynn Burke
The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)
Presenter: Marcilynn Burke, BLM Deputy Director - Programs and Policy, U.S. Dept. of the Interior, (Washington, D.C.)
30 slides
Slides: The Promise And Peril Of Oil Shale: Federal Law And Policy, David Bernhardt
Slides: The Promise And Peril Of Oil Shale: Federal Law And Policy, David Bernhardt
The Promise and Peril of Oil Shale Development (February 5)
Presenter: David Bernhardt, Brownstein Hyatt Farber Schreck, Denver, CO
13 slides
Slides: The History Of Oil Shale Development And What It Means For The Future, Patty Limerick
Slides: The History Of Oil Shale Development And What It Means For The Future, Patty Limerick
The Promise and Peril of Oil Shale Development (February 5)
Presenter: Patty Limerick, Center of the American West, University of Colorado at Boulder
35 slides
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO
27 slides
Slides: Challenges For Reclamation: A Western States' Perspective, Craig Bell
Slides: Challenges For Reclamation: A Western States' Perspective, Craig Bell
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Craig Bell, Western Water States Council, Midvale, Utah
9 slides
Slides: Oil Shale Water Use: Upsetting The Apple-Cart Of River Habitat, Irrigation And Existing Water Rights?, Bart Miller
Slides: Oil Shale Water Use: Upsetting The Apple-Cart Of River Habitat, Irrigation And Existing Water Rights?, Bart Miller
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Bart Miller, Western Resource Advocates, Boulder, CO
13 slides
Slides: Water Needs And Strategies For A Sustainable Future, Shaun Mcgrath
Slides: Water Needs And Strategies For A Sustainable Future, Shaun Mcgrath
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Shaun McGrath, Program Director, Western Governors’ Association
25 slides
Slides: Global Warming And The Endangered Species Act, Kieran Suckling
Slides: Global Warming And The Endangered Species Act, Kieran Suckling
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Kieran Suckling, Center for Biological Diversity
15 slides
Agenda: Shifting Baselines And New Meridians: Water, Resources, Landscapes, And The Transformation Of The American West, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Shifting Baselines And New Meridians: Water, Resources, Landscapes, And The Transformation Of The American West, University Of Colorado Boulder. Natural Resources Law Center
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
The Center’s 29th annual conference will focus on the changes in the West resulting from rapid population growth, development, disrupted historical weather patterns and the effects of those changes on land, water, and energy resources. Speakers and panelists will address the adaptability of the legal and political institutions and how the transformation of the West may foreshadow fundamental changes to these institutions.
The agenda includes panel discussions that will address:
- Water for the 21st Century —the big questions in Western water and rethinking Western water law.
- The Future of Energy —practical and sophisticated solutions to overcome the energy …
The Identifiability Of Bias In Environmental Law, Shi-Ling Hsu
The Identifiability Of Bias In Environmental Law, Shi-Ling Hsu
Scholarly Publications
The identifiability effect is the human propensity to have stronger emotions regarding identifiable individuals or groups than for abstract ones. The more information that is available about a person, the more likely this person’s situation will influence human decisionmaking. This human propensity has biased law and public policy against environmental and ecological protection because the putative economic victims of environmental regulation are usually easily identifiable workers that lose their jobs, while the beneficiaries—people who avoid a premature death from air or water pollution, people who would be saved by medicinal compounds available only in rare plant and animal species, and …
Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl
Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: J.B. Ruhl, Florida State University Law School
18 slides
Justice Delayed: A Tribal Attorney’S Perspective On Elwha River Dam Removal And Ecosystem Restoration, Russell W. Busch
Justice Delayed: A Tribal Attorney’S Perspective On Elwha River Dam Removal And Ecosystem Restoration, Russell W. Busch
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Russell W. Busch, Attorney for the Lower Elwha Klallam Tribe
10 pages.
Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter
Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
7 pages.
Includes bibliographical references
"Robert B. Keiter, Wallace Stegner Professor of Law, University of Utah, S.J. Quinney College of Law"
The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass
The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
19 pages.
"Alexandra B. Klass, Associate Professor of Law, University of Minnesota Law School"
Day 3: Friday, 19 August 2005: Habitat Conservation Plans, Susan Linner, Anne Ruggles, Anne Winans
Day 3: Friday, 19 August 2005: Habitat Conservation Plans, Susan Linner, Anne Ruggles, Anne Winans
Endangered Species Act Congressional Field Tour (August 17-19)
5 pages (includes illustration).
Contains references.
Day 3: Friday, 19 August 2005: Section 7 Consultation, Susan Linner, Leslie Elwood, Steve Culver
Day 3: Friday, 19 August 2005: Section 7 Consultation, Susan Linner, Leslie Elwood, Steve Culver
Endangered Species Act Congressional Field Tour (August 17-19)
10 pages (includes color illustrations and map).
Contains references.
Agenda: Endangered Species Act Congressional Field Tour, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Endangered Species Act Congressional Field Tour, University Of Colorado Boulder. Natural Resources Law Center
Endangered Species Act Congressional Field Tour (August 17-19)
The Center sponsored its third annual field tour for staff members of the United States Congress, the United States Environmental Protection Agency, and the Colorado state legislature.