Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Endangered Species Act Innovations In The Post-Babbittonian Era--Are There Any?, J.B. Ruhl
Endangered Species Act Innovations In The Post-Babbittonian Era--Are There Any?, J.B. Ruhl
Vanderbilt Law School Faculty Publications
One of the mysteries of environmental policy in the Bush Administration will be how and why it squandered an opportunity to continue market-based administrative reforms of the Endangered Species Act begun, ironically, in the Clinton Administration under the direction of then Secretary of the Interior Bruce Babbitt. This article traces the momentum built for reform in the Babbittonian era and examines what has not happened since then.
Past, Present, And Future Trends Of The Endangered Species Act, J.B. Ruhl
Past, Present, And Future Trends Of The Endangered Species Act, J.B. Ruhl
Vanderbilt Law School Faculty Publications
this article is designed to convince readers that the past, present, and future trends of the ESA are all the same. To provide context, Part I presents a brief overview of the structure of the statute and the kinds of decisions that must be made under it. Part II delves more deeply into each of the topics covered in the NR&E issues, eight in all, providing in each case the necessary legal background followed by a discussion of how the topic played out in the two NR&E issues. Finally, I conclude with a brief summary of my own perspectives on …
The Battle Over Endangered Species Act Methodology, J.B. Ruhl
The Battle Over Endangered Species Act Methodology, J.B. Ruhl
Vanderbilt Law School Faculty Publications
The substantive contours of the Endangered Species Act (ESA) have been largely worked out for quite some time. Starting in the mid-1990s, however, opponents of Fish and Wildlife Service and National Marine Fisheries Service decisions realized that the methodological contours of the ESA were not nearly as settled as their substantive kin. Industry and environmental interests alike appreciate that how these methodological rules get worked out could revolutionize the ESA for decades to come, and during the 1990s they opened the debate over ESA methodology and have been going strong at it ever since. This Article explores the breadth and …
Taking Adaptive Management Seriously: A Case Study Of The Endangered Species Act, J.B. Ruhl
Taking Adaptive Management Seriously: A Case Study Of The Endangered Species Act, J.B. Ruhl
Vanderbilt Law School Faculty Publications
If one compares the way in which the ESA was implemented in 1982 to the way it is today, the list of differences would far outweigh the similarities. Indeed, the ESA has been transformed so much through administrative reform toward the ecosystem management model, I have dared to suggest elsewhere that it has earned the seal of eco-pragmatism. In this Article, I explore the related question such an assertion necessarily begs-has the ESA also earned the seal of adaptive management?... Part I of the Article provides the legal and ecological background necessary to appreciate the need for ecosystem management, and …