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Full-Text Articles in Law

The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski Apr 2005

The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Population trends for 1095 species listed as threatened and endangered under the Endangered Species Act were correlated with the length of time the species were listed and the presence or absence of critical habitat and recovery plans. Species with critical habitat for two or more years were more than twice as likely to have an improving population trend in the late 1990s, and less than half as likely to be declining in the early 1990s, as species without. Species with dedicated recovery plans for two or more years were significantly more likely to be improving and less likely to be …


Recovery Of Imperiled Species Under The Endangered Species Act: The Need For A New Approach, Dale Goble Jan 2005

Recovery Of Imperiled Species Under The Endangered Species Act: The Need For A New Approach, Dale Goble

Articles

The recovery (delisting) of a threatened or endangered species is often accompanied by the expectation that conservation management of the species will no longer be necessary. However, the magnitude and pace of human impacts on the environment make it unlikely that substantial progress will be made in delisting many species unless the definition of “recovery” includes some form of active management. Preventing delisted species from again being at risk of extinction may require continuing, species-specific management actions. We characterize such species as “conservation-reliant”, and suggest that viewing “recovery” as a continuum of states rather than as a simple “recovered/not recovered” …


The Significance Of National Wildlife Refuges In The Development Of U.S. Conservation Policy, Robert L. Fischman Jan 2005

The Significance Of National Wildlife Refuges In The Development Of U.S. Conservation Policy, Robert L. Fischman

Articles by Maurer Faculty

A retrospective of National Wildlife Refuge System conservation shows a promising trajectory. The system has overcome persistent neglect to contribute to conservation policy. Haltingly, it has kept pace with conservation science to remain the chief American contribution to large-scale wildlife protection. Early on, it pioneered the use of habitat acquisition to protect imperiled species. More recently, it has begun to implement the cutting-edge ecological mandate to maintain biological integrity, diversity, and environmental health. Perhaps the most meaningful feature of the history of the refuge system is how closely it mirrors the development of conservation policy in the twentieth century.

This …


Denying The Environment A Stay Of Execution Is Par For The Course: The Tenth Circuit's Analysis Of The Cwa And Nepa In Greater Yellowstone Coalition V. Flowers, Shaena Doherty Jan 2005

Denying The Environment A Stay Of Execution Is Par For The Course: The Tenth Circuit's Analysis Of The Cwa And Nepa In Greater Yellowstone Coalition V. Flowers, Shaena Doherty

Villanova Environmental Law Journal

No abstract provided.


Congress, Cave Bugs, Courts And The Commerce Clause: Did The Fifth Circuit Figure Out How To Regulate Intrastate Activity Under The Endangered Species Act, John Gregory Koch Jan 2005

Congress, Cave Bugs, Courts And The Commerce Clause: Did The Fifth Circuit Figure Out How To Regulate Intrastate Activity Under The Endangered Species Act, John Gregory Koch

Villanova Environmental Law Journal

No abstract provided.


Eagle Feathers And Equality: Lessons On Religious Exceptions From The Native American Experience, Kevin J. Worthen Jan 2005

Eagle Feathers And Equality: Lessons On Religious Exceptions From The Native American Experience, Kevin J. Worthen

University of Colorado Law Review

The legality and propriety of exempting religiously motivated conduct from otherwise applicable legal norms is the subject of ongoing scholarly, judicial, and legislative debate. The issue is particularly thorny when it arises in a legal system deeply committed to the concept of equality. The Eagle Protection Act, which exempts Native Americans religious practitioners who are members offederally recognized tribes from its general prohibition on the taking and use of bald and golden eagle feathers, provides an interesting context in which to examine that debate. Not only does the Act exempt religiously motivated conduct from the otherwise applicable norms, it prefers …