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Articles 1 - 15 of 15
Full-Text Articles in Law
Biodiversity And Mom, John C. Nagle
Playing Noah, John C. Nagle
Playing Noah, John C. Nagle
John Copeland Nagle
The biblical story of Noah and the ark has been cited by numerous writers as a justification for the protections contained in the Endangered Species Act. In that story, Genesis reports that God instructed Noah to save two of every species from the flood that would destroy life on earth, and that after doing so God established a covenant with Noah and the animals that were saved. The story has inspired writers and activists to posit a duty to imitate Noah today when we struggle to provide the resources and the will to protect all species, however popular or obscure, …
The Effectiveness Of Biodiversity Law, John C. Nagle
The Effectiveness Of Biodiversity Law, John C. Nagle
John Copeland Nagle
The Endangered Species Act (ESA) has generated a heated debate between those who believe that the law has succeeded and those who believe that the law has failed. The resolution to that debate depends upon whether the law’s stated purposes or some other criteria provide the basis for judging a law’s effectiveness. Meanwhile, since the enactment of the ESA in 1973, biodiversity protection has received growing attention in the nations of southeastern Asia. So far, the law has been much less effective in protecting Asian biodiversity from habitat loss, commercial exploitation, and other threats, yet southeastern Asia’s biodiversity law has …
Aamodt Litigation Settlement Agreement (Pueblos Of Nambé, Pojoaque, San Ildefonso & Tesuque), United States, State Of New Mexico, Pueblo Of Tesuque, Pueblo Of San Ildefonso, Pueblo Of Nambé, Pueblo Of Pojoaque
Aamodt Litigation Settlement Agreement (Pueblos Of Nambé, Pojoaque, San Ildefonso & Tesuque), United States, State Of New Mexico, Pueblo Of Tesuque, Pueblo Of San Ildefonso, Pueblo Of Nambé, Pueblo Of Pojoaque
Native American Water Rights Settlement Project
Settlement Agreement: Aamodt Litigation Settlement Agreement (Apr. 19, 2012). 66cv06639, USDC, DCNM. (final signatures Mar. 27,2013) Parties: Pueblos of Nambé, Pojoaque, San Ildefonso & Tesuque, US, NM, Santa Fe County, City of Santa Fe. The key provisions of the Aamodt settlement include: 1) constructing a Regional Water System; 2) providing non-Indians a choice of whether to join the settlement and upon joining, a choice of whether to connect to the Regional Water System for domestic water; 3) relinquishment of existing Pueblo claims against non-Indians who join the Settlement; 4) closing the Pojoaque Basin to new water right development following the …
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Scholarly Works
In 2012, the United States Court of Appeals for the Eleventh Circuit, deciding an issue of first impression, held that a party that enters a consent order to settle potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is not entitled to pursue a cost recovery action against other potentially responsible parties under section 1073 of the Act, but may only seek contribution from those parties under section 113(f) of the Act. The court also affirmed a decision by the Bureau of Ocean Energy Manage- ment to approve an exploration plan for oil and gas drilling in …
Comanagement: Merging The Esa With Political Pressure To Create A Viable Alternative To Esa Listing, Stephanie Pacey
Comanagement: Merging The Esa With Political Pressure To Create A Viable Alternative To Esa Listing, Stephanie Pacey
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Avoiding Jeopardy, Without The Questions: Recovery Implementation Programs For Endangered Species In Western River Basins, Reed D. Benson
Avoiding Jeopardy, Without The Questions: Recovery Implementation Programs For Endangered Species In Western River Basins, Reed D. Benson
Michigan Journal of Environmental & Administrative Law
The application of the Endangered Species Act to water resources has generated much controversy in the American West. In several western river basins, however, Recovery Implementation Programs (RIPs) provide an alternative, collaborative approach to ESA compliance. These programs offer an enhanced role for states and stakeholders in ESA decisionmaking, and increased certainty that ESA requirements will not disrupt ongoing water project operations and established uses. This Article examines the origins, purposes, and elements of various RIPs, with particular emphasis on these programs’ approach to compliance with the requirements of ESA section 7 for federal agency actions. The Article also considers …
Rights And Roles: Alaska Natives And Ocean And Coastal Subsistence Resources, Jordan Diamond, Greta Swanson, Kathryn Mengerink
Rights And Roles: Alaska Natives And Ocean And Coastal Subsistence Resources, Jordan Diamond, Greta Swanson, Kathryn Mengerink
Florida A & M University Law Review
This article explores the strengths and weaknesses of the two pillars of the framework for managing marine subsistence resources in Alaska: the pillar that protects Alaska Native rights to marine subsistence resources, and the pillar that protects the resources themselves. It focuses on how well the pillars support subsistence practices and Alaska Native leadership in the management framework. Part I summarizes the management challenge posed by the effects rapid climate change is causing in the Arctic, including impacts to the marine subsistence resources upon which Alaska Natives depend. Part II explores the laws and doctrines related to Alaska Native subsistence …
Reconsidering A Weakened Regulation: A Critical Analysis Of Delisting In The Endangered Species Act, Crystal D. Anderson
Reconsidering A Weakened Regulation: A Critical Analysis Of Delisting In The Endangered Species Act, Crystal D. Anderson
Florida A & M University Law Review
No abstract provided.
Reversing The Extinction Vortex For The Rarest Species: How States Can Overcome Esa’S Weak Criminal Penalty Clauses, Gail L. Grabowsky, E. Britt Bailey
Reversing The Extinction Vortex For The Rarest Species: How States Can Overcome Esa’S Weak Criminal Penalty Clauses, Gail L. Grabowsky, E. Britt Bailey
Gail L Grabowsky
This paper was inspired through real life experiences in the authors’ home state of Hawaii. In 2009 the persecution of several endangered species, specifically Hawaiian monk seals and green sea turtles, led to large public outcry and ultimately a criminal conviction for the shooting of a pregnant monk seal. The perpetrator of this crime received a three-month jail sentence and a twenty-five dollar fine. The public viewed the penalty as outrageously lenient, particularly since the species now contains fewer than 1200 individuals and is declining at greater than four percent per annum. The State of Hawaii responded to this situation …
Harmonizing Distributed Energy And The Endangered Species Act, J.B. Ruhl
Harmonizing Distributed Energy And The Endangered Species Act, 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 …
Foreword To Symposium Volume: The Tennessee Valley Authority (Tva) V. Hill: The Greatest Little Story Never Told, Becky Jacobs
Foreword To Symposium Volume: The Tennessee Valley Authority (Tva) V. Hill: The Greatest Little Story Never Told, Becky Jacobs
College of Law Faculty Scholarship
In 1978, the U.S. Supreme Court determined that Congress intended the Endangered Species Act to afford "the highest of priorities" to endangered species. (Tennessee Valley Authority v. Hill; 437 U.S. 153). The Court's ruling prevented -- at least, for a period of time -- the completion of TVA's Tellico dam project. Since then, it has been endlessly evaluated, celebrated, excoriated, and commemorated. The "snail darter" case (as it has come to be known) has captivated an entire generation of environmental and natural resources law academics, practitioners, and students, and its influence persists some thirty-plus years later. Indeed, the case made …
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.
Bullhooks And The Law: Is Pain And Suffering The Elephant In The Room?, Trevor J. Smith
Bullhooks And The Law: Is Pain And Suffering The Elephant In The Room?, Trevor J. Smith
Animal Law Review
In the United States, violent use of “bullhooks”—sharpened, steel-tipped rods—on captive elephants at carnivals, circuses, and zoos is all too routine. Yet animal-welfare advocates struggle to protect elephants from the (mis)use of bullhooks under the current regulatory regime. At the federal level, advocates cannot consistently rely on either the Animal Welfare Act or the Endangered Species Act, due to these statutes’ narrow provisions, standing limitations, and inconsistent enforcement. State animal-protection laws are equally deficient, as only two states have defined suffering and abuse clearly enough in their statutes to enable effective prosecution of elephant mistreatment, and plaintiffs in even these …
From The Halls Of Congress To The Shores Of The Little T: The Snail Darter And The Dam: How Pork-Barrel Politics Endangered A Little Fish And Killed A River By Zygmunt J. B. Plater, Sara Blankenship
Animal Law Review
The snail darter has become a symbol of environmental extremism. In reality, however, the farmers, members of the Cherokee Nation, and concerned citizens were simply fighting to keep the Tennessee Valley Authority (TVA)’s Tellico Dam from destroying the last free-flowing miles of the Little Tennessee River. This Book Review examines the work of Zygmunt J.B. Plater, the law professor who, along with ordinary citizens, fought their case all the way to the United States Supreme Court in defense of their river, the snail darter, and the Endangered Species Act. Plater reveals the truth behind the landmark TVA v. Hill case …