Law Commons^™

Accurate Economics To Protect Endangered Species And Their Critical Habitats, Jacob P. Byl

Pace Environmental Law Review

Federal agencies currently use a methodology that finds negligible benefits of protecting critical habitat for endangered species, despite the prime real estate that is often involved. The Endangered Species Act already calls for economic analysis, but agencies currently treat it as a meaningless hoop to jump through. Agencies justify this hollow exercise by pointing to the difficulty in quantifying the increment of added protection that comes with critical habitat designation. However, the increment of added protection for critical habitat can be measured using methods already employed by agencies in other environmental analyses. Although the central benefits of critical habitat are …

Bringing The European Eel Back From The Brink: The Need For A New Agreement Under The Convention On Migratory Species, Chris Wold

Pace Environmental Law Review

The European eel is considered “Critically Endangered.” Its population has been declining due to overutilization, barriers to migration such as dams, pollution, and climate change. The international community has responded by including the European eel in Appendix II of the Convention on International Trade in Endangered Species (“CITES”) to regulate international trade and Appendix II of the Convention on Migratory Species (“CMS”) to help improve the species conservation status. The EU has taken regional action to prohibit imports into and exports from EU Member States, although intra-EU trade is permissible. Despite these actions, the eel’s conservation status might not be …

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 …

Buffalo Field Campaign V. Zinke, Hallee C. Kansman

Public Land & Resources Law Review

Despite years of litigation and legislation, the protection status of bison in and around Yellowstone National Park remains unsettled. Buffalo Field Campaign, a non-profit group, has spent decades spearheading the fight to list the species as either endangered or threatened under the Endangered Species Act. Buffalo Field Campaign v. Zinke tests the scope of agency directives and the strictness of the statutory language which guides agency actions.

The Fragile Menagerie: Biodiversity Loss, Climate Change, And The Law, James M. Chen

Indiana Law Journal

I. THE HIPPODROME OF THE GODS: RACING AGAINST ECOLOGICAL AND

EVOLUTIONARY APOCALYPSE....................................................................... 304

II. ACROSS THE APOCALYPSE ON HORSEBACK: LEGAL RESPONSES

TO BIODIVERSITY LOSS .................................................................................... 310

A. OVERKILL ........................................................................................... 310

B. ALIEN INVASIVE SPECIES ..................................................................... 316

C. HABITAT DESTRUCTION AND PUBLIC LAND MANAGEMENT .................. 321

1. ISLAND BIOGEOGRAPHY .............................................................. 321

2. PUBLIC LANDS MANAGEMENT..................................................... 325

III. THE ENDANGERED SPECIES ACT: FROM PRIVATE LANDS TO

GLOBAL COMMONS .......................................................................................... 329

A. ENDANGERED SPECIES ACT MECHANICS .............................................. 330

1. LISTING ENDANGERED AND THREATENED SPECIES....................... 330

2. CRITICAL HABITAT ..................................................................... 333

3. INTERAGENCY CONSULTATION .................................................... 333

B. HABITAT CONSERVATION ON PRIVATE LANDS...................................... 335

C. …

When Extinction Is More Ethical Than Conservation: The Endangered Species Act And The Keystone Dilemma, Miranda F. Thomas

Exigence

This paper examines how the Endangered Species Act's measures to protect endangered species have resulted in increased rates of extinction. The author summarizes the concept of endangered keystone species and explains the processes and operations of the environmental legislation enacted to protect the species. The paper discusses the harmful consequences that certain laws have had on both species and humans, such as misappropriating resources to species that are not as endangered as others, and abusing regulations in manners that punish people for conservation efforts. By examining opposing arguments that favor increased regulation, this paper explains through data from leading academic …

Frankly My Dear, I Don’T Want A Dam: Refocusing Dam Removal Priorities To Protect Endangered Salmon Now, Skylar Sumner

Animal Law Review

Dams are a critical threat to salmon habitat and population recovery. While much progress has been made in the past few years with dam removal, the more quickly dams are removed, the greater chance that salmon can be restored to their historic ranges. In the Pacific Northwest, dams are a particular threat to salmon. Many regulatory tools can be used to bring dams into compliance, but there is often much resistance to these efforts. This Essay proposes that by targeting dilapidated private dams opposed to functional ones on public land, compliance or removal will be achieved with less resistance and …

Collaborative Management As A Mechanism For Incentivizing Private Landowners And Protecting Endangered Species, Ashley Graves

Texas A&M Law Review

Currently, the Endangered Species Act is falling short of its potential. Even though the Endangered Species Act has provided protection for endangered and threatened species and helped some species to recover and even thrive, the fact that most listed species’ habitat is on private land remains a hurdle that has not yet been overcome. In fact, the stringent requirements imposed upon private landowners often put endangered and threatened species at risk as some private landowners will use any means possible to stop the government from finding endangered or threatened species on their land. Because of this, the United States Fish …

Alaska Oil & Gas Association V. Pritzker, Benjamin W. Almy

Public Land & Resources Law Review

In Alaska Oil & Gas Association v. Pritzker, the Ninth Circuit reversed the United States District Court for the District of Alaska’s decision to strike down the National Marine Fisheries Service’s (“NMFS”) listing of distinct population segments of the Pacific bearded seal. The court determined that the NMFS was in full compliance with the requirements of the Endangered Species Act and squarely rejected the district court’s demand for highly specific data pertaining to the projected effects of climate change on the bearded seal.

Cites Cop17 Review, Rebecca Pollack

Animal Law Review

No abstract provided.

Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood

Pace Environmental Law Review

Following the introduction, part II of this article will provide a brief background on the adoption of the Endangered Species Act. Part III will explain that the statute does not authorize the agencies to extend the take prohibition to all threatened species. Part IV will argue that returning to the statutory scheme would result in a fairer distribution of the costs of species protection by imposing the costs of prophylactic protection on agencies and the public generally. Burdening individuals would be a last resort, as Congress intended. Finally, Part V will identify how Congress’ policy is a reasonable way to …

A Future For A Forgotten Predator: Assessment Of The Global And Regional Legal Frameworks For Protection And Recovery Of The Caribbean Sawfishes Pristis Pristis And Pristis Pectinata And Recommendations For The Course Forward, Olga Koubrak

LLM Theses

Two species of sawfish, Pristis pristis and Pristis pectinata, used to be common in the coastal waters of the Caribbean Region. However, due to direct and incidental fishing pressures, national and international trade in body parts, and habitat loss, the populations of these ecologically and culturally significant species have drastically declined. This thesis identifies and reviews global and regional, binding and non-binding legal instruments in effect in the Caribbean Region that encourage states to protect biodiversity in general or address identified threats to sawfishes specifically. Despite the presence of obligations that call upon states to adopt sawfish conservation and habitat …

2015 Federal Legislative Review, Alescia Dichmann

Animal Law Review

The American political newspaper, The Hill, named the 114th Congress as “the most diverse Congress ever set to take power.” This Congress has 108 female lawmakers, more than ever before, alongside 430 men as well as 46 African American and 33 Hispanic lawmakers. While this Congress has made strides in the diversity of its members, we have yet to see whether this Congress’s legislative activity will benefit animals. The fate of the proposed animal legislation discussed in this Review will ultimately be decided by the time this 114th Congress concludes in 2017.

Uncertainty, Precaution, And Adaptive Management In Wildlife Trade, Annecoos Wiersema

Michigan Journal of International Law

Wildlife trade is big business. Legal international trade in just some of the wild animals and plants traded worldwide is estimated at $350 to $530 million per year. The United States is the primary importer of virtually every major taxon of these species, including mammals, reptiles, fish, and plants. When it comes to illegal trade, estimates of its value range from $7 to $23 billion annually, covering wild animals, fish, and timber. This illegal trade fuels organized crime and militia and terrorist groups. In the face of all this pressure, some wild species appear to be traded in sustainable amounts. …

Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood

Jonathan Wood

The Endangered Species Act forbids the “take” – any activity that adversely affects – any member of an endangered species, but only endangered species. The statute also provides for the listing of threatened species, i.e. species that may become endangered, but protects them only by requiring agencies to consider the impacts of their projects on them. Shortly after the statute was adopted, the U.S. Fish and Wildlife Service and National Marine Fisheries Service reversed Congress’ policy choice by adopting a regulation that forbids the take of any threatened species. The regulation is not authorized by the Endangered Species Act, but …

The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

Population trends for 1095 species listed as threatened and endangered under the Endangered Species Act were correlated with the length of time the species were listed and the presence or absence of critical habitat and recovery plans. Species with critical habitat for two or more years were more than twice as likely to have an improving population trend in the late 1990s, and less than half as likely to be declining in the early 1990s, as species without. Species with dedicated recovery plans for two or more years were significantly more likely to be improving and less likely to be …

Solution Or Stumbling Block?: Biological Engineering And The Modern Extinction Crisis, Caroline P. Rogers

Georgia Journal of International & Comparative Law

No abstract provided.

Human-Centered Environmental Values Versus Nature-Centric Environmental Values--Is This The Question?, Zygmunt J.B. Plater

Michigan Journal of Environmental & Administrative Law

The challenging background context for much of the discussion and cogitation in the panels and pages of this conference is the unfortunate fact that environmental protection law in virtually all its manifestations is currently faring rather poorly in the public policy arenas of national government. From the public health hazards of residual substances in consumer goods and human breast milk to the mighty troubles of human-caused climate disruption, many of the most significant structures of societal governance are locked in political and financial dysfunctions and impasses. Given the conference’s goal to “explore more deeply the relationship between environmental protection and …

Getting Species On Board The Ark One Lawsuit At A Time: How The Failure To List Deserving Species Has Undercut The Effectiveness Of The Endangered Species Act, James Jay Tutchton

Animal Law Review

This Article, presented by a former general counsel for WildEarth Guardians, discusses the organization’s attempts to protect imperiled species under the Endangered Species Act (ESA). By comparing extinction patterns from the past, we can see that the human impact on the Earth’s biodiversity is similar to that caused by past geological catastrophes. The ESA is the Noah’s Ark of our time, providing the best opportunity to help stem the tide of extinction. In analyzing the ESA, it is clear that the Act serves important human interests and is effective when utilized as intended. However, the United States Fish & Wildlife …

Biodiversity And Mom, John C. Nagle

John Copeland Nagle

No abstract provided.

The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John C. Nagle

John Copeland Nagle

Is the Endangered Species Act constitutional? The D.C. Circuit considered that question in National Association of Home Builders v. Babbitt in 1997. More specifically, the case considered whether the congressional power to regulate interstate commerce authorized the ESA's prohibition upon building a large regional hospital in the habitat of an endangered fly that lives only in a small area of southern California. The three judges on the D.C. Circuit approached the question from three different perspectives: the relationship between biodiversity as a whole and interstate commerce, the relationship between the fly and interstate commerce, and the relationship between the hospital …

Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble

Articles

United States recovery plans contain biological information for a species listed under the Endangered Species Act and specify recovery criteria to provide basis for species recovery. The objective of our study was to evaluate whether recovery plans provide uncertainty (e.g., variance) with estimates of population size. We reviewed all finalized recovery plans for listed terrestrial vertebrate species to record the following data: (1) if a current population size was given, (2) if a measure of uncertainty or variance was associated with current estimates of population size and (3) if population size was stipulated for recovery. We found that 59% of …

Comanagement: Merging The Esa With Political Pressure To Create A Viable Alternative To Esa Listing, Stephanie Pacey

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Implementation Of The Animal Damage Control Act: A Comment On Wildlife Services's Methods Of Predatory Animal Control, Tiffany Bacon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

U.S. Ivory Trade: Can A Crackdown On Trafficking Save The Last Titan?, Beth Allgood, Marina Ratchford, Peter Lafontaine

Animal Law Review

Rampant poaching has put African elephants on the verge of extinction in the wild, and the United States (U.S.) is complicit in this crisis. Despite the best efforts of federal agencies, porous national borders, legal loopholes, and deep-seated difficulties in law enforcement make the U.S. a major market for illicit ivory. While the White House, the United Nations, and the European Union, along with other voices, are sounding alarms, bold and concrete actions have been slow in coming. The U.S., in particular, is only beginning to acknowledge its own role in the slaughter, and still relies on a patchwork of …

New Priorities As The Endangered Species Act Turns 40, Dale Goble

Articles

No abstract provided.

The Sad Story Of The Northern Rocky Mountain Gray Wolf Reintroduction Program, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

A reflection on the past, present and future of environmental law in this 20th Anniversary Edition offers an opportunity to revisit the Endangered Species Act, particularly the Northern Rocky Mountain States federal wolf reintroduction program. Environmental programs that depend on public support for their effectiveness are problematic when the government fails to understand and compensate for this fact. This essay explores the proposition that the federal government's failure to anticipate and respond to the negative reaction of people adversely affected by proposed solutions to environmental problems is contributing to a lack of progress despite great strides in our scientific understanding. …

Conservation Reliant-Species, Dale Goble

Articles

A species is conservation reliant when the threats that it faces cannot be eliminated, but only managed. There are two forms of conservation reliance: population- and threat-management reliance. We provide an overview of the concept and introduce a series of articles that examine it in the context of a range of taxa, threats, and habitats. If sufficient assurances can be provided that successful population and threat management will continue, conservation-reliant species may be either delisted or kept off the endangered species list. This may be advantageous because unlisted species provide more opportunities for a broader spectrum of federal, state, tribal, …

In The Wake Of The Snail Darter: An Environmental Law Paradigm And Its Consequences, Zygmunt J.B. Plater

Zygmunt J.B. Plater

Everything is connected to everything else: so goes the first law of ecology. This interconnectedness is reflected in environmental law as well, extending beyond natural science and particular resource conflicts to link environmental law intimately with the politics, philosophies, economics, and societal values that form its much larger context -- an ecology of human and natural systems. The Tellico Dam litigation reflected this interconnectedness. On its face, it was a simple environmental confrontation; it will be remembered as the "extreme" case of the little endangered fish, the snail darter, that almost stopped a Tennessee Valley Authority (TVA) dam. But if …

Slides: Master Development Plans (Mdps) / Geographic Area Plans (Gaps): Comprehensive Planning Tools For Oil And Gas Projects, Allen B. Crockett

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Mary Bloomstran, Edge Environmental

20 slides