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- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (11)
- Endangered Species Act Congressional Field Tour (August 17-19) (11)
- Vanderbilt Law School Faculty Publications (10)
- Articles (9)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (9)
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- UF Law Faculty Publications (7)
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- Dams: Water and Power in the New West (Summer Conference, June 2-4) (5)
- Water and Growth in the West (Summer Conference, June 7-9) (5)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (4)
- Sustainable Use of the West's Water (Summer Conference, June 12-14) (4)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (4)
- 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) (4)
- Who Governs the Public Lands: Washington? The West? The Community? (September 28-30) (4)
- All Faculty Scholarship (3)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (3)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (3)
- Faculty Articles (3)
- Faculty Articles and Other Publications (3)
- Journal Articles (3)
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- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (3)
- Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15) (3)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (3)
- Akron Law Faculty Publications (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Faculty Scholarship (2)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (2)
- Journal Publications (2)
- Keep Up With the Latest News from the Law School (blog) (2)
Articles 1 - 30 of 176
Full-Text Articles in Law
Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd
Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Environmental champions and conservationists will mark the 50th anniversary of the Endangered Species Act later this month. That is the law requiring federal agencies to use all methods necessary to prevent extinctions and ensure that federal actions not jeopardize the continued existence of species on the brink of disappearing from the face of the Earth.
In the leadup to the December 27th anniversary, several publications have begun examining the Act’s history and impact over five decades.
Science, the world’s third-most influential scholarly journal based on Google Scholar citations, invited experts from around the country to look ahead as well …
Fischman Serves As Witness In Endangered Species Act Hearing, James Owsley Boyd
Fischman Serves As Witness In Endangered Species Act Hearing, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
An environmental law expert from the Indiana University Maurer School of Law served as an expert witness today (April 18) as part of a congressional hearing on the Endangered Species Act (ESA). Professor Rob Fischman participated in one of three panels convened by the U.S. House Natural Resources Subcommittee on Water, Wildlife, and Fisheries as lawmakers consider four Congressional Review Act (CRA) resolutions challenging the implementation of certain aspects of the ESA.
Salmon And The Clean Water Act: An Unfinished Agenda, Michael Blumm, Michael Benjamin Smith
Salmon And The Clean Water Act: An Unfinished Agenda, Michael Blumm, Michael Benjamin Smith
Faculty Articles
Salmon are perhaps the quintessential indicator species for water quality, as they require both sufficient quality and quantity to migrate and spawn. Columbia Basin salmon have been listed under the Endangered Species Act (ESA) for over a quarter-century in large part due to inadequate water flows and poor water quality. A half-century ago, long before the listings, the modern Clean Water Act promised fishable waters. This article explains that this is a promise largely unkept due to implementing agencies’ evasion and disinterest. Recent litigation, however, offers some hope that the statute may yet provide a viable path towards protecting and …
Salmon And The Clean Water Act: An Unfinished Agenda, Michael Blumm, Michael Benjamin Smith
Salmon And The Clean Water Act: An Unfinished Agenda, Michael Blumm, Michael Benjamin Smith
Faculty Articles
Salmon are perhaps the quintessential indicator species for water quality, as they require both sufficient quality and quantity to migrate and spawn. Columbia Basin salmon have been listed under the Endangered Species Act (ESA) for over a quarter-century in large part due to inadequate water flows and poor water quality. A half-century ago, long before the listings, the modern Clean Water Act promised fishable waters. This article explains that this is a promise largely unkept due to implementing agencies’ evasion and disinterest. Recent litigation, however, offers some hope that the statute may yet provide a viable path towards protecting and …
Does Nepa Help Or Harm Esa Critical Habitat Designations? An Assessment Of Over 600 Critical Habitat Rules, John C. Ruple, Michael J. Tanana, Merrill M. Williams
Does Nepa Help Or Harm Esa Critical Habitat Designations? An Assessment Of Over 600 Critical Habitat Rules, John C. Ruple, Michael J. Tanana, Merrill M. Williams
Wallace Stegner Center for Land, Resources, and the Environment publications
This paper tests whether impact analysis pursuant to the National Environmental Policy Act delays federal decision making, and whether the NEPA process results in significant changes to the substance of federal decisions. We reviewed 636 rules designating critical habitat for species that are protected by the Endangered Species Act. Because of a circuit court split, some of these rules were subject to NEPA analysis while others were not. In comparing these two groups we found that rules that underwent NEPA analysis were completed more than three months faster than rules that were exempted from NEPA review. We also found that …
Salmon Lessons For The Delta Smelt: Unjustified Reliance On Hatcheries In The Usfws October 2019 Biological Opinion, Paul Stanton Kibel
Salmon Lessons For The Delta Smelt: Unjustified Reliance On Hatcheries In The Usfws October 2019 Biological Opinion, Paul Stanton Kibel
Publications
Pursuant to the Endangered Species Act, in October 2019 the United States Fish and Wildlife Service (USFWS) of the Trump Administration issued a new Biological Opinion (BiOp) for coordinated operations of the Central Valley Project and the State Water Project (2019 USFWS BiOp).
The Central Valley Project is operated by the United States Bureau of Reclamation (Reclamation), and the State Water Project is operated by the California Department of Water Resources. The Central Valley Project and the State Water Project both divert freshwater from the Sacramento River and San Joaquin River watersheds, and the reduced freshwater flow resulting from these …
Let's Talk Protecting Endangered Species, Clifford J. Villa, Ty Bannerman, Will Cavin, Taylor Jones, Ari Biernoff
Let's Talk Protecting Endangered Species, Clifford J. Villa, Ty Bannerman, Will Cavin, Taylor Jones, Ari Biernoff
Faculty Scholarship
The Trump Administration recently changed Endangered Species Act regulations affecting how species are removed from endangered status and streamlining permits for the oil and gas and ranching industries. Environmentalists say the rules weaken protections. How could the new rules change industry and conservation in New Mexico?
The Genie Is Out Of The De-Extinction Bottle: A Problem In Risk Regulation And Regulatory Gaps, Hope M. Babcock
The Genie Is Out Of The De-Extinction Bottle: A Problem In Risk Regulation And Regulatory Gaps, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Once the province of horror films and fantasy, the idea of recreating extinct life forms is poised to move from science fiction to laboratories and from there to the world at large. While “de-extinction is not something that will take place tomorrow . . . scientists are making major advancements, and eventual success appears inevitable.” Spurred on by the burgeoning field of genetic engineering, it was only a matter of time before scientists turned their attention to recreating extinct life forms, either for the thrill of it or in atonement for the human role in the extinction process.
But science …
Pragmatism, Pragtivism, And Private Environmental Governance, Joshua Ulan Galperin
Pragmatism, Pragtivism, And Private Environmental Governance, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
This essay is an edited version of a talk presented at the 2017 J.B. & Maurice C. Shapiro Environmental Law Symposium on Private Environmental Governance at the George Washington University. It is adapted from a longer article entitled Trust Me, I’m A Pragmatist: A Partially Pragmatic Critique of Pragmatic Activism, in 42 Colum. J. Envtl. L. 425 (2017).
State Imperiled Species Legislation, Robert L. Fischman, Vicky J. Meretsky, Willem Drews, Katlin Stephani, Jennifer Teson
State Imperiled Species Legislation, Robert L. Fischman, Vicky J. Meretsky, Willem Drews, Katlin Stephani, Jennifer Teson
Articles by Maurer Faculty
State wildlife conservation programs are essential to accomplishing the national goal of extinction prevention. By virtue of their constitutional powers, their expertise, and their on-the-ground personnel, states could—in theory—accomplish far more than the federal agencies directly responsible for implementing the Endangered Species Act (ESA). States plausibly argue that they can catalyze collaborative conservation that brings together key stakeholders to improve conditions for imperiled species. Bills to revise the ESA seek to delegate greater authority to states. We evaluated states’ imperiled species legislation to determine their legal capacity to employ the key regulatory tools that prompt collaborative conservation. All but four …
Pragmatism, Pragtivism, And Private Environmental Governance, Joshua Galperin
Pragmatism, Pragtivism, And Private Environmental Governance, Joshua Galperin
Articles
This essay is an edited version of a talk presented at the 2017 J.B. & Maurice C. Shapiro Environmental Law Symposium on Private Environmental Governance at the George Washington University. It is adapted from a longer article entitled Trust Me, I’m A Pragmatist: A Partially Pragmatic Critique of Pragmatic Activism, in 42 Colum. J. Envtl. L. 425 (2017).
The Military-Environmental Complex And The Courts: Comment To Sarah Light, Shi-Ling Hsu
The Military-Environmental Complex And The Courts: Comment To Sarah Light, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
Trust Me, I'M A Pragmatist: A Partially Pragmatic Critique Of Pragmatic Activism, Joshua Ulan Galperin
Trust Me, I'M A Pragmatist: A Partially Pragmatic Critique Of Pragmatic Activism, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
Pragmatism is a robust philosophy, vernacular hand waiving, a method of judicial and administrative decisionmaking, and, more recently, justification for a certain type of political activism. While philosophical, judicial, and administrative pragmatism have garnered substantial attention and analysis from scholars, we have been much stingier with pragmatic activism — that which, in the spirit of the 21st Century’s 140-character limit, I will call “pragtivism.” This Article is intended as an introduction to pragtivism, a critique of the practice, and a constructive framework for addressing some of my critiques.
To highlight the contours of pragtivism, this Article tells the story of …
Trust Me, I'M A Pragmatist: A Partially Pragmatic Critique Of Pragmatic Activism, Joshua Galperin
Trust Me, I'M A Pragmatist: A Partially Pragmatic Critique Of Pragmatic Activism, Joshua Galperin
Articles
Pragmatism is a robust philosophy, vernacular hand waiving, a method of judicial and administrative decisionmaking, and, more recently, justification for a certain type of political activism. While philosophical, judicial, and administrative pragmatism have garnered substantial attention and analysis from scholars, we have been much stingier with pragmatic activism — that which, in the spirit of the 21st Century’s 140-character limit, I will call “pragtivism.” This Article is intended as an introduction to pragtivism, a critique of the practice, and a constructive framework for addressing some of my critiques.
To highlight the contours of pragtivism, this Article tells the story of …
Transforming (Perceived) Rigidity In Environmental Law Through Adaptive Governance, J.B. Ruhl, Hannah Gosnell, Brian C. Chaffin, Craig A. Arnold
Transforming (Perceived) Rigidity In Environmental Law Through Adaptive Governance, J.B. Ruhl, Hannah Gosnell, Brian C. Chaffin, Craig A. Arnold
Vanderbilt Law School Faculty Publications
The Endangered Species Act (ESA) is often portrayed as a major source of instability and crisis in river basins of the U. S. West, where the needs of listed fish species frequently clash with agriculture dependent on federal irrigation projects subject to ESA Section 7 prohibitions on federal agency actions likely to jeopardize listed species or adversely modify critical habitat. Scholarship on Section 7 characterizes the process as unwaveringly rigid, the legal hammer forcing federal agencies to consider endangered species needs when proposing operations and management plans for federally funded irrigation. In this paper, we identify barriers to an integrated …
Legal Pathways For A Massive Increase In Utility-Scale Renewable Generation Capacity, Michael Gerrard
Legal Pathways For A Massive Increase In Utility-Scale Renewable Generation Capacity, Michael Gerrard
Faculty Scholarship
Decarbonizing the U.S. energy system will require a program of building onshore wind, offshore wind, utility-scale solar, and associated transmission that will exceed what has been done before in the United States by many times, every year out to 2050. These facilities, together with rooftop photovoltaics and other distributed generation, are required to replace most fossil fuel generation and to help furnish the added electricity that will be needed as many uses currently employing fossil fuels (especially passenger transportation and space and water heating) are electrified. This Article, excerpted from Michael B. Gerrard & John Dernbach, eds., Legal Pathways to …
Slides: Flpma In Its Historical Context, John D. Leshy
Slides: Flpma In Its Historical Context, John D. Leshy
FLPMA Turns 40 (October 21)
Presenter: John D. Leshy, Sunderland Distinguished Professor of Law Emeritus, U.C. Hastings College of the Law
36 slides
This session traces the history of FLPMA including, among other things, its legislative, administrative, and historical antecedents, including for example, the Public Land Law Review Commission’s 1970 report, One Third of Our Nation’s Lands. It then considers FLPMA’s unique public lands policies and requirements and how they are reflected in the BLM’s management of public lands today.
See: https://www.nps.gov/parkhistory/online_books/blm/history/contents.htm
Animal Law And Environmental Law: Exploring The Connections And Synergies, Randall S. Abate, Elizabeth Hallinan, Joan E. Schaffner, Bruce Myers
Animal Law And Environmental Law: Exploring The Connections And Synergies, Randall S. Abate, Elizabeth Hallinan, Joan E. Schaffner, Bruce Myers
Journal Publications
Environmental law, with its intricate layers of international, federal, state, and local laws, is more established than its animal counterpart. Yet animal law faces many of the same legal and strategic challenges that environmental law faced in seeking to establish a more secure foothold, both in the United States and abroad. In What Can Animal Law Learn From Environmental Law?, editor Randall S. Abate brought together academics, advocates, and legal professionals to examine the very different histories of environmental and animal law, as well as the legal and policy frameworks that bridge the two fields. On November 16, 2015, the …
Lessons From The Wolf Wars: Recovery V. Delisting Under The Endangered Species Act, Martha C. Williams
Lessons From The Wolf Wars: Recovery V. Delisting Under The Endangered Species Act, Martha C. Williams
Faculty Law Review Articles
This article uses the fundamentals of the ESA to remind us why Congress passed the ESA. It applies those fundamentals and their focus on recovery of species in peril, to the wolf wars, the decades long legal battles over the reintroduction, recovery, and delisting of wolves culminating in two cases, Defenders of Wildlife v. Jewell (Wyoming case) and Humane Society of the U.S. v. Jewell (Western Great Lakes case). Applying the ESA’s focus on species recovery to the wolf wars demonstrates where the disconnect between recovery and delisting occurs.
Part 1 of this article sets out the fundamentals of the …
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
Cooling Down Florida's Coast: Saving East Central And Southeast Florida's Sea Turtles From Impacts Of Climate Change, Kara Graham
Cooling Down Florida's Coast: Saving East Central And Southeast Florida's Sea Turtles From Impacts Of Climate Change, Kara Graham
Student Works
No abstract provided.
How National Park Law Really Works, John Copeland Nagle
How National Park Law Really Works, John Copeland Nagle
Journal Articles
This article provides the first explanation of the relationship between the three overlapping sources of national park law. It first explains how the Organic Act affords the National Park Service substantial discretion to manage the national parks, including deciding the proper balance between enjoyment and conservation in particular instances. It next shows how federal environmental statutes push national park management toward preservation rather than enjoyment. Third, Congress often intervenes to mandate particular management outcomes at individual parks, typically but not always toward enjoyment rather than preservation. The result is that the NPS has substantial discretion to manage national parks in …
Testimony Of Robert V. Percival University Of Maryland Carey School Of Law Before The House Committee On Natural Resources Hearing On Proposed Amendments To The Endangered Species Act, April 8, 2014, Robert V. Percival
Congressional Testimony
No abstract provided.
Mitigating The Impacts Of The Renewable Energy Gold Rush, Amy Wilson Morris, Jessica Owley
Mitigating The Impacts Of The Renewable Energy Gold Rush, Amy Wilson Morris, Jessica Owley
Journal Articles
Solar energy developers have turned their sights on California’s deserts. Since 2010, local, state, and federal agencies have approved nearly 9,000 megawatts (MW) of solar energy projects in the California desert, including more than 3,000 MW on public lands. The 9,000 MW of approved projects (if all are developed) would require approximately 63,000 acres of total desert land with 21,000 federal acres. The scale of proposed landscape change is unprecedented. Solar energy facilities can be more land-intensive than other forms of energy generation. Because of concern about the potentially devastating impacts of climate change, most major environmental groups have expressed …
Endangered Species Act Listings And Climate Change: Avoiding The Elephant In The Room, Michael Blumm, Kya Marienfeld
Endangered Species Act Listings And Climate Change: Avoiding The Elephant In The Room, Michael Blumm, Kya Marienfeld
Faculty Articles
The Endangered Species Act (ESA), with its reputation as the nation’s strongest environmental law, might be expected to impose some limits on greenhouse gas (GHG) emissions adversely affecting listed species due to rising global temperatures. Although the federal government recently ended a long period of denial by conceding that some species warrant listing because of climate change, the accompanying listing decisions revealed a federal refusal to apply the ESA to constrain GHG emissions causing the listings. In this article, we explain those decisions — involving the American pika, the polar bear, the wolverine, and the Gunnison sage-grouse — and their …
The Hidden Rise Of Efficient (De)Listing, Zachary A. Bray
The Hidden Rise Of Efficient (De)Listing, Zachary A. Bray
Law Faculty Scholarly Articles
What is the value of the gray wolf, and what might be the costs of including a tiny desert lizard on the list of endangered species? For decades, Congress has formally excluded questions about the economic value of species and the costs of their protection from agency decisions about whether a species should be listed under the Endangered Species Act. Recently, however, a number of federal legislators have sought to incorporate their own ad hoc views about the value of individual species in peril, and the costs of protecting such species, into listing decisions. This goal has been accomplished through …
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Scholarly Works
In 2012, the United States Court of Appeals for the Eleventh Circuit, deciding an issue of first impression, held that a party that enters a consent order to settle potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not entitled to pursue a cost recovery action against other potentially responsible parties under section 1073 of the Act, but may only seek contribution from those parties under section 113(f) of the Act. The court also affirmed a decision by the Bureau of Ocean Energy Manage- ment to approve an exploration plan for oil and gas drilling in …
New Priorities As The Endangered Species Act Turns 40, Dale Goble
New Priorities As The Endangered Species Act Turns 40, Dale Goble
Articles
No abstract provided.
Harmonizing Distributed Energy And The Endangered Species Act, J.B. Ruhl
Harmonizing Distributed Energy And The Endangered Species Act, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and wind power have met in policy, permitting, and litigation. Part II then examines whether wind power (and other renewable energy sources) can and should receive a green pass under the ESA given its unquestioned climate change mitigation benefits, concluding that doing so would face a host of legal and policy concerns. Part III then outlines a model for administrative innovation of ESA …