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- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (4)
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- Introduction to the Legal Foundation of Federal Land Management (December 1-3) (2)
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- Best Management Practices (BMPs): What? How? And Why? (May 26) (1)
- Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13) (1)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (1)
- Coalbed Methane Development in the Intermountain West (April 4-5) (1)
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Articles 1 - 30 of 79
Full-Text Articles in Law
Tarnished Gold: The Endangered Species Act At 50, Jonathan Adler
Tarnished Gold: The Endangered Species Act At 50, Jonathan Adler
Faculty Publications
The ESA is arguably the most powerful and stringent federal environmental law on the books. Yet for all of the Act’s force and ambition, it is unclear how much the law has done much to achieve its central purpose: the conservation of endangered species. The law has been slow to recover listed species and has fostered conflict over land use and scientific determinations that frustrate cooperative conservation efforts. The Article aims to take stock of the ESA’s success and failures during its first fifty years, particularly with regard the conservation of species habitat on private land. While the Act authorizes …
On Foxes And Hedgehogs, Roger P. Alford
On Foxes And Hedgehogs, Roger P. Alford
Journal Articles
This Article is about John Nagle’s many means to one great end. It will outline the many themes of his scholarship: (i) environmental law, (ii) statutory interpretation, (iii) constitutional law, (iv) nuisance and pollution, (v) election law and campaign finance, (vi) Christianity and the environment, and (vii) national parks. It will offer conclusions on how he used his scholarly interests as a means to pursue his overarching worldview.
Our Oceans Need Sharks: A Comparative Analysis Of Shark And Turtle Conservation Law In Australia And The United States, Gabrielle Stiff Heim
Our Oceans Need Sharks: A Comparative Analysis Of Shark And Turtle Conservation Law In Australia And The United States, Gabrielle Stiff Heim
Law Student Publications
The model used for turtle conservation and recovery would be an accurate model for conserving and recovering the endangered shark species, as well. As sharks are crucial to the marine environment, action needs to be taken in the form of policies that parallel those that protect turtles. Specifically, the models of protection for turtles in both Australia and the United States can serve as examples for shark conservation and recovery policies. As sharks are migratory species like turtles, international efforts and treaties are also crucial to providing boundaries and regulations for sharks in the global arena. The future of sharks …
The Biodiversity Paradigm Shift: Adapting The Endangered Species Act To Climate Change, Kalyani Robbins
The Biodiversity Paradigm Shift: Adapting The Endangered Species Act To Climate Change, Kalyani Robbins
Faculty Publications
The Endangered Species Act (ESA) was designed to protect species that had been rendered more vulnerable to extinction as a result of human activity. As such, its implementation has traditionally focused on keeping human beings away from such species and giving the species (and their ecosystems) space to heal on their own. Climate change is altering the landscape everywhere on the globe, rendering the hands-off approach no longer sufficient. Active interventions will become more necessary as we get further into the changing climate. Taking decisive action in response to climate change will also require a fundamental shift in our approach …
Keeping Track Of Conservation, Jessica Owley
Keeping Track Of Conservation, Jessica Owley
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. …
Responsible, Renewable, And Redesigned: How The Renewable Energy Movement Can Make Peace With The Endangered Species Act, Kalyani Robbins
Responsible, Renewable, And Redesigned: How The Renewable Energy Movement Can Make Peace With The Endangered Species Act, Kalyani Robbins
Faculty Publications
One of the most promising routes to a sustainable energy future, as well as climate change mitigation, is the development of renewable energy sources such as wind, solar energy, and hydropower. Indeed, scientists have proposed plans to move completely (100 percent!) to these energy sources within a couple of decades. Mark Z. Jacobson and M.A. Delucchi, scientists from Stanford and U.C. Davis, have outlined a plan to achieve this goal, thereby “eliminating all fossil fuels”. Hydroelectric power already provides almost one-fifth of the world's electricity, and wind and solar development is rapidly picking up as well. However, before we leave …
Governing The Ungovernable: Integrating The Multimodal Approach To Keeping Agricultural Land Use From Swallowing Ecosystems, Kalyani Robbins
Governing The Ungovernable: Integrating The Multimodal Approach To Keeping Agricultural Land Use From Swallowing Ecosystems, Kalyani Robbins
Faculty Publications
As the population grows, so does the conflict between demand for agricultural productivity and the need to maintain healthy ecosystems. Unfortunately, this concern alone does not motivate the agricultural industry to operate in a more environmentally friendly manner, nor is it an industry that has proven amenable to strict regulation. Indeed, any such effort must face one of the mightiest lobbies of all time. As it functions today, agriculture is unsustainable and at risk of wiping out more than its fair share of our already dwindling biodiversity. As demand increases, there is the potential for it to get worse than …
The Past As Prologue To The Present: Managing The Oregon And California Forest Lands, Michael Blumm, Tim Wigington
The Past As Prologue To The Present: Managing The Oregon And California Forest Lands, Michael Blumm, Tim Wigington
Faculty Articles
This article is a brief review of the convoluted history of what are known as the Oregon and California forest lands, federal lands that were once the subject of a 19th century federal railroad grant, then became the focus of widespread land fraud and official corruption, which led to the Supreme Court halting land sales and Congress taking back the lands, situated in eighteen Oregon counties. Federal management of the lands in the 20th century emphasized timber harvesting, and this dominant use of the lands led to environmental lawsuits and the Endangered Species Act listing of the northern spotted owl …
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 …
Endangered Species In The Oil Patch: Challenges And Opportunities For The Oil And Gas Industry, Gabriel Eckstein, Jesse Snyder
Endangered Species In The Oil Patch: Challenges And Opportunities For The Oil And Gas Industry, Gabriel Eckstein, Jesse Snyder
Faculty Scholarship
Tension among competing interests is nothing new in environmental law. Even among the most tenacious adversaries, the ability to find common ground can serve as an impetus to further the aims of both industry and environmental proponents. Broadly speaking, advocates of the oil and gas industry prefer few restraints, if any, on exploration, development, and production. Comparatively, champions of biological and ecological preservation favor regulatory protections to conserve these interests. Cutting across these often disparate objectives, the Endangered Species Act (ESA) presents a not-so-obvious opportunity for both sides to receive a share of the pie through cooperation and forward planning. …
Uncertainty In Population Estimates For Endangered Animals And Improving The Recovery Process, Dale D. Goble
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 …
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.
The Sad Story Of The Northern Rocky Mountain Gray Wolf Reintroduction Program, Hope M. Babcock
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
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, …
The Endangered Species Act's Fall From Grace In The Supreme Court, J.B. Ruhl
The Endangered Species Act's Fall From Grace In The Supreme Court, J.B. Ruhl
Vanderbilt Law School Faculty Publications
Thirty-five years ago, the Endangered Species Act ("ESA") had as auspicious a debut in the U.S. Supreme Court as any statute could hope for. In Tennessee Valley Authority v. Hill, a majority of the Court proclaimed that the ESA was intended "to halt and reverse the trend toward species extinction, whatever the cost" and backed up those and other bold words by preventing a nearly completed federal dam from impounding its reservoir because doing so would eliminate the only known (at the time) habitat of a small fish, the now infamous snail darter. To this day, Hill remains actively discussed …
Slides: Master Development Plans (Mdps) / Geographic Area Plans (Gaps): Comprehensive Planning Tools For Oil And Gas Projects, Allen B. Crockett
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
Natural Resource “Conflicts” In The U.S. Southwest, William Snape
Natural Resource “Conflicts” In The U.S. Southwest, William Snape
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Environmental laws and the ecosystems they support are under attack. Intermittently since the Reagan administration and increasingly since the 2008 economic collapse, certain politicians and their industry sponsors have inundated the media with angry rhetoric, blaming historic job losses on "overregulation."' Environmental laws are a frequent target of these politicians who often benefit from contributions supplied by the fossil fuel and mining industries. Ignoring the successes of these laws- cleaner air, cleaner water, and recovering imperiled wild species and habitat-they claim that environmental regulations are "job killers." Reflecting the success of these claims, the recent House Fiscal Year 2012 …
Two Endangered Species In The Adirondacks In The Context Of Constitutional “Wilderness”, Michael A. Dibrizzi
Two Endangered Species In The Adirondacks In The Context Of Constitutional “Wilderness”, Michael A. Dibrizzi
Elisabeth Haub School of Law Student Publications
Our society has developed with a distinct homocentric view toward the natural world and all of its inhabitants. Wildlife has mostly been regarded as the exclusive chattel of man to dispense with at his discretion. This attitude has led to the extinction of some species and near extinction of many others. Through legislation, lawmakers have attempted to regulate management and exploitation of different species, with varying success. The goal of good environmental regulations is to break from traditional views; regulations in recognizing man’s superiority and control over the natural world will impose a responsibility on man to protect and preserve …
Slides: Livestock Grazing On The Public Lands, Joe Feller
Slides: Livestock Grazing On The Public Lands, Joe Feller
The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)
Presenter: Joe Feller, Professor of Law, Arizona State University Law School; Visiting Professor, University of Colorado Law School
33 slides
Qualitative, Quantitative, And Integrative Conservation, Jamison E. Colburn
Qualitative, Quantitative, And Integrative Conservation, Jamison E. Colburn
Journal Articles
In this essay for a symposium on new directions in environmental law, I reflect back on the last 35 years of Endangered Species Act (ESA) practice and offer several modest reforms. My claim is that conservation has been growing increasingly quantitative and risk-based, much like other fields of regulation, but that big problems lie ahead if this trend continues with the ESA as currently structured. In my view, the quantitative demands of listing species, designing recovery objectives, and designating so-called 'critical habitat' are depleting the resources we have put into the ESA because it is an expression of fundamentally qualitative …
Conservation-Reliant Species And The Future Of Conservation, Dale Goble
Conservation-Reliant Species And The Future Of Conservation, Dale Goble
Articles
Species threatened with extinction are the focus of mounting conservation concerns throughout the world. Thirty-seven years after passage of the U.S. Endangered Species Act in 1973, we conclude that the Act’s underlying assumption—that once the recovery goals for a species are met it will no longer require continuing management—is false. Even when management actions succeed in achieving biological recovery goals, maintenance of viable populations of many species will require continuing, species-specific intervention. Such species are “conservation reliant.” To assess the scope of this problem, we reviewed all recovery plans for species listed as endangered or threatened under the Act. Our …
The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman
The Legal Challenge Of Protecting Animal Migrations As Phenomena Of Abundance, Robert L. Fischman, Jeffrey B. Hyman
Articles by Maurer Faculty
Animal migrations are as familiar as geese in the sky on a fall afternoon and as mysterious as the peregrinations of sea turtles across thousands of miles of open ocean. This article discusses the distinguishing attributes of animal migrations, why they are important to biodiversity conservation, and the legal challenges posed by migration conservation. In particular, the article focuses on those aspects of migration conservation that existing law, dominated by imperiled species protection, fails to address. It consequently suggests law reforms that would better conserve animal migrations. A step toward serious legal efforts to protect the process and function of …
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School
20 slides
Slides: Climate Change And The Death Of Stationarity: A New Era For Western Water?, Stephen T. Gray
Slides: Climate Change And The Death Of Stationarity: A New Era For Western Water?, Stephen T. Gray
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Steven T. Gray, Wyoming State Climatologist, University of Wyoming, Laramie, WY
48 slides
Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs
Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Katharine Jacobs, Director of the Arizona Water Institute, University of Arizona
37 slides
Cities, Green Construction, And The Endangered Species Act, J.B. Ruhl
Cities, Green Construction, And The Endangered Species Act, J.B. Ruhl
Vanderbilt Law School Faculty Publications
The geographic footprint of cities--the space they occupy--is relatively small in comparison to their ecological footprint, which is measured in terms of impact on the sustainability of resources situated mostly outside of the urban realm. Ironically, the Endangered Species Act (ESA), though widely regarded as one of the most powerful environmental laws, has been and continues to be administered with respect to urbanized land masses primarily with the objective of managing their geographic footprints. This Article uses the example of "green construction" techniques to explore this disconnect between the macro-scale contribution of cities' ecological footprints to species endangerment and the …
Strength In Numbers: Setting Quantitative Criteria For Listing Species Under The Endangered Species Act, Kalyani Robbins
Strength In Numbers: Setting Quantitative Criteria For Listing Species Under The Endangered Species Act, Kalyani Robbins
Faculty Publications
My primary thesis is that the Fish & Wildlife Service and the National Marine Fisheries Service need to set quantitative criteria for listing species under the Endangered Species Act in order to promote consistency, transparency, and efficiency. I suggest a model for doing so, the use of which would create an opportunity to move beyond the political quagmire surrounding the selection of vulnerable species for preservation. Like my other environmental scholarship, the article merges scientific research in the field of conservation biology with legal analysis. With the status quo, listing decisions often turn on wildly different factors, including some not …
Slides: The Urbanizing West: Limits To Water, Limits To Growth, Lora A. Lucero
Slides: The Urbanizing West: Limits To Water, Limits To Growth, Lora A. Lucero
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Lora A. Lucero, AICP, American Planning Association
18 slides
Slides: Global Warming And The Endangered Species Act, Kieran Suckling
Slides: Global Warming And The Endangered Species Act, Kieran Suckling
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Kieran Suckling, Center for Biological Diversity
15 slides
Bridging The Governance Gap: Strategies To Integrate Water And Land Use Planning, Sarah Bates Van De Wetering, University Of Montana (Missoula). Public Policy Research Institute
Bridging The Governance Gap: Strategies To Integrate Water And Land Use Planning, Sarah Bates Van De Wetering, University Of Montana (Missoula). Public Policy Research Institute
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
16 pages.
Includes bibliographical references
"2007"
"Collaborative Governance Report 2"