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Paved With Good Intentions: The Fate Of Strict Liability Under The Migratory Bird Treaty Act, Kalyani Robbins
Paved With Good Intentions: The Fate Of Strict Liability Under The Migratory Bird Treaty Act, Kalyani Robbins
Akron Law Faculty Publications
The Migratory Bird Treaty Act (MBTA) contains a very broad ban on harming migratory birds, as well as a strict liability standard for misdemeanor violations. Without further limitation, the MBTA would theoretically apply to countless ordinary life activities, such as driving a car or having windows on one’s home. Naturally, there are due process concerns with such a scenario, so Congress expressly left it to the Department of the Interior to draft more detailed implementing regulations. Unfortunately, the existing regulations fail to adequately address the potential overbreadth of the MBTA’s misdemeanor application, forcing the courts to do so on an …
Harmonizing Commercial Wind Power And The Endangered Species Act Through Administrative Reform, J.B. Ruhl
Harmonizing Commercial Wind Power And The Endangered Species Act Through Administrative Reform, 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 …
Using Conservation Management Agreements To Secure Postrecovery Perpetuation Of Conservation-Reliant Species: The Kirtland's Warbler As A Case Study, Dale Goble
Articles
Kirtland’s warbler is one of many conservation-reliant species listed under the Endangered Species Act (ESA). This species has met recovery goals, but removing it from the protections of the ESA is problematic because of its reliance on ongoing conservation. We define conservation management agreements (CMAs) and describe how they may provide a mechanism to protect conservation-reliant species after delisting. We suggest that CMAs should include four major elements: (1) a conservation partnership capable of implementing management actions at conservation-relevant scales, (2) a conservation management plan based on the management actions in the species’ successful recovery plan, (3) sufficient financial resources …