Law Commons^™

The Illegally Traded Elephant In The Room: Species Terrorism & Combating Illegal Wildlife Trade, Áine Dillon

Pace International Law Review

The illegal wildlife trade has been a dilemma for decades

and remains prevalent globally – international intervention is

required now. While most countries participate in the Convention

on International Trade in Endangered Species of Wild

Fauna and Flora (“CITES”), not all countries have the same approaches

to combating the illegal wildlife trade. Unique approaches

can be beneficial because each illegally traded species

requires a different response, and countries with limited resources

can also participate. However, the lack of a unified response

hinders the global fight against the illegal wildlife trade.

While traditional methods to combat crime, such as passing

laws, …

Fighting Back From The Brink: International Efforts To Prevent Illegal Trafficking In Endangered Species, Kara Consalo

Journal Publications

This article advances the argument for sustainable harvesting as a broad supplement, even replacement, to the prevailing no-trade policies currently used in many countries and international organizations. It is the author’s premise that the no-trade conservation paradigm is failing to adequately prevent illegal trafficking and endangered wildlife populations are suffering catastrophic losses as a result. This article will explain the current state of prevailing no-trade regulations and efforts to stem the onslaught of illegal wildlife trafficking. The article will then explore two examples of successful sustainable farming and harvesting programs, the American alligator and the Peruvian vicuñas. After a comparison …

Country/Region Reports -- United States Of America, Linda A. Malone

Linda A. Malone

No abstract provided.

Country/Region Reports -- United States Of America, Linda A. Malone

Linda A. Malone

No abstract provided.

Country/Region Reports -- United States Of America, Linda A. Malone

Linda A. Malone

No abstract provided.

Country/Region Reports -- United States Of America, Linda A. Malone

Linda A. Malone

No abstract provided.

Country/Region Reports -- United States Of America, Linda A. Malone

Linda A. Malone

No abstract provided.

Crow Indian Tribe V. United States, Hallee Kansman

Public Land & Resources Law Review

The protection status of the Greater Yellowstone grizzly bear continues to elicit debate and find its way into the courtroom. In Crow Indian Tribe v. United States, for the second time in the last decade, a court held the Service’s attempt to delist the Yellowstone Grizzly arbitrary and capricious. Specifically, the court found the Service’s evaluation of remnant populations, recalibration, and genetic health deficient. This case demonstrates the importance in and the resilient motivation behind preserving grizzly bear populations and genetics. As the practice of delisting a species under the Endangered Species Act continues, this case will provide important …

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 …

Python Crossing Prohibited: The Interplay Of Ethics, Aesthetics, Regulation, And Industry Transformation In The Luxury Apparel Market, Sophia Mossberg

William & Mary Environmental Law and Policy Review

No abstract provided.

Agencies Running From Agency Discretion, J. B. Ruhl, Kyle Robisch

William & Mary Law Review

Discretion is the root source of administrative agency power and influence, but exercising discretion often requires agencies to undergo costly and time-consuming predecision assessment programs, such as under the Endangered Species Act (ESA) and National Environmental Policy Act (NEPA). Many federal agencies thus have argued strenuously, and counter-intuitively, that they do not have discretion over particular actions so as to avoid such predecision requirements. Interest group litigation challenging such agency moves has led to a new wave of jurisprudence exploring the dimensions of agency discretion. The emerging body of case law provides one of the most robust, focused judicial examinations …

The Endangered Species Act: Static Law Meets Dynamic World, Holly Doremus

Holly Doremus

This Article looks at the discussion that preceded and accompanied the passage of the Endangered Species Act ("ESA"), focusing on why the law, including its implementation as well as its text, took the form it did. In particular, I am interested in why the ESA came to assume an unrealistically static vision of nature. The answer is complex. First, the Act's static structure is typical of law in general, which has traditionally embodied the human search for stability. Second, the Act is, inevitably, a product of the political times in which it was drafted and of a rapid and chaotic …

The Endangered Species Act: Static Law Meets Dynamic World, Holly Doremus

Holly Doremus

This Article looks at the discussion that preceded and accompanied the passage of the Endangered Species Act ("ESA"), focusing on why the law, including its implementation as well as its text, took the form it did. In particular, I am interested in why the ESA came to assume an unrealistically static vision of nature. The answer is complex. First, the Act's static structure is typical of law in general, which has traditionally embodied the human search for stability. Second, the Act is, inevitably, a product of the political times in which it was drafted and of a rapid and chaotic …

The Endangered Species Act: Static Law Meets Dynamic World, Holly Doremus

Holly Doremus

This Article looks at the discussion that preceded and accompanied the passage of the Endangered Species Act ("ESA"), focusing on why the law, including its implementation as well as its text, took the form it did. In particular, I am interested in why the ESA came to assume an unrealistically static vision of nature. The answer is complex. First, the Act's static structure is typical of law in general, which has traditionally embodied the human search for stability. Second, the Act is, inevitably, a product of the political times in which it was drafted and of a rapid and chaotic …

The Law Book: From Hammurabi To The International Criminal Court, 250 Milestones In The History Of Law (Sterling), Michael Roffer

Books

The Law Book explores 250 of the most significant legal issues, cases, trials, and events that have profoundly changed our world. Although the heaviest emphasis is on American law it also touches on more than a dozen countries and the European Union, laws relating to Antarctica and Outer Space, and principles of international law. Among the topics it explores are the earliest legal codes, the role of juries, slavery and emancipation, civil rights, Native Americans, copyright, the press and free speech, immigration, censorship and obscenity, the environment, war and international relations, war crimes and trials, the insanity defense, taxation, prohibition, …

Keeping Track Of Conservation, Jessica Owley

Journal Articles

Throughout the world, governments require land protection in exchange for development permits. Unfortunately, oftentimes scant attention has been paid to these land protection programs after development. Agencies and permit applicants agree on mitigation rules, but there appears to be little follow-up. When we do not know where conservation is occurring and cannot determine the rules of mitigation projects, the likelihood that they will be successful or enforced diminishes. I journeyed to California in search of answers by tracing four mitigation plans associated with the Federal Endangered Species Act. While I anticipated some difficulties, the tale is more alarming than expected. …

Strategic Dodging Of Esa Listing Determinations, Madeline Kass

Faculty Articles

Endangered Species Act (ESA) listing determinations create a focal point for controversy and litigation. A decision to list can elicit the full force of the ESA’s “pit bull” regulatory authorities and, potentially, result in onerous regulatory constraints on land uses. A decision not to list can continue the status quo and, potentially, result in species extinction. Increasingly, efforts to avoid ESA protective measures include anticipatory efforts to avert, divert, or postpone listing determinations. This article describes some of these “dodging” efforts and whether they are likely to benefit at-risk species.

Environment - Endangered Species - Extraterritorial Application Of The Endangered Species Act Of 1973. Defenders Of Wildlife V. Lujan, 911 F.2d 117 (8th Cir. 1990), Cert. Granted, Lujan V. Defenders Of Wildlife, 111 S. Ct. 2008 (1991)., Jeffery P. Robbins

Georgia Journal of International & Comparative Law

No abstract provided.

Tale Of Two Cases, A, Daniel A. Farber

Daniel A Farber

No abstract provided.

The Purposes, Effects, And Future Of The Endangered Species Act's Best Available Science Mandate, Holly Doremus

Holly Doremus

The use and effects of science in implementation of the Endangered Species Act of 1973 are examined, with emphasis on the best available science mandate under the Act. The current ability of the mandate to provide political credibility has been undermined by high profile disputes in which the scientific data supporting decisions has been demonstrated to be thin. Recent proposals to amend the Act and impose additional scientific hurdles to regulation would do little to improve the substantive reliability of agency decisions. Steps that would not require legislative modification and could improve both the substance and political credibility of implementing …

Listing Decisions Under The Endangered Species Act: Why Better Science Isn't Always Better Policy, Holly Doremus

Holly Doremus

No abstract provided.

Patching The Ark: Improving Legal Protection Of Biological Diversity, Holly Doremus

Holly Doremus

Critiques the species-by-species approach of the 1973 Endangered Species Act (ESA) and discusses more holistic alternatives; US.

Water, Population Growth, And Endangered Species In The West, Holly Doremus

Holly Doremus

No abstract provided.

Private Property Interests, Wildlife Restoration, And Competing Visions Of A Western Eden, Holly Doremus

Holly Doremus

No abstract provided.

Restoring Endangered Species: The Importance Of Being Wild, Holly Doremus

Holly Doremus

Examines attempts by the US Department of the Interior to protect species reintroduced into the wild, and problems with control measures designed to minimize economic or political repercussions; some focus on the Endangered Species Act (ESA).

Fish, Farms, And The Clash Of Cultures In The Klamath Basin, Holly Doremus, A. Dan Tarlock

Holly Doremus

No abstract provided.

Preserving Citizen Participation In The Era Of Reinvention: The Endangered Species Act Example, Holly Doremus

Holly Doremus

The environmental law revolution has created a new active role for the public in the implementation and enforcement of environmental policy, which rests on three forms of access: access to information, access to the decision-making process, and access to the courts. A prime example is the Endangered Species Act, under which most controversial listings have been initiated through the citizen-petition process rather than by agency action. Citizen litigation has also been required to compel critical-habitat designations and the production of recovery plans. The major hurdles to public participation in the habitat conservation plan process, under which permits are issued that …

Adaptive Management, The Endangered Species Act, And The Institutional Challanges Of New Age Environmental Protection, Holly Doremus

Holly Doremus

No abstract provided.

Have We All Gone Batty? The Need For A Better Balance Between The Conservation Of Protected Species And The Development Of Clean Renewable Energy, Laura Householder

William & Mary Environmental Law and Policy Review

No abstract provided.

United States V. Squirrel, Rosalyn K. Singer

South Carolina Law Review

No abstract provided.