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Full-Text Articles in Animal Law

Banning Plastic Straws: The Beginning Of The War Against Plastics, Marcela Romero Mosquera Sep 2019

Banning Plastic Straws: The Beginning Of The War Against Plastics, Marcela Romero Mosquera

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Let's Talk Protecting Endangered Species, Clifford J. Villa, Ty Bannerman, Will Cavin, Taylor Jones, Ari Biernoff Aug 2019

Let's Talk Protecting Endangered Species, Clifford J. Villa, Ty Bannerman, Will Cavin, Taylor Jones, Ari Biernoff

Faculty Scholarship

The Trump Administration recently changed Endangered Species Act regulations affecting how species are removed from endangered status and streamlining permits for the oil and gas and ranching industries. Environmentalists say the rules weaken protections. How could the new rules change industry and conservation in New Mexico?


You Don’T Need Lungs To Suffer: Fish Suffering In The Age Of Climate Change With A Call For Regulatory Reform, David N. Cassuto, Amy O'Brien Aug 2019

You Don’T Need Lungs To Suffer: Fish Suffering In The Age Of Climate Change With A Call For Regulatory Reform, David N. Cassuto, Amy O'Brien

Pace Law Faculty Publications

Fish are sentient — they feel pain and suffer. Yet, while we see increasing interest in protecting birds and mammals in industries such as farming and research (albeit few laws), no such attention has been paid to the suffering of fish in the fishing industry. Consideration of fish welfare including reducing needless suffering should be a component of fisheries management. This article focuses on fisheries management practices, the effects of anthropogenic climate change on fisheries management practices, and the moral implications of fish sentience on the development and amendment of global fishing practices. Part I examines domestic and international fisheries, including ...


Book Review Of "River Of Lost Souls", Clifford J. Villa Jul 2019

Book Review Of "River Of Lost Souls", Clifford J. Villa

Public Land & Resources Law Review

No abstract provided.


Risks And Recovery: A Multifaceted Outlook Towards Conservation Of The Southern Resident Orca Population, Matthew Pritchett Jun 2019

Risks And Recovery: A Multifaceted Outlook Towards Conservation Of The Southern Resident Orca Population, Matthew Pritchett

Villanova Environmental Law Journal

No abstract provided.


Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton Jun 2019

Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton

The Scholar: St. Mary's Law Review on Race and Social Justice

When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in 1890 to 470 in 1900. A century later, the U.S. census recorded an explosion in the American Indian population living in Texas at 215,599 people. By 2010, that population jumped to 315,264 people.

Part One of this Article chronicles ...


Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz Jun 2019

Skinning The Cat: How Mandatory Psychiatric Evaluations For Animal Cruelty Offenders Can Prevent Future Violence, Ashley Kunz

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2017, the Texas legislature amended Texas Penal Code § 42.092, which governs acts of cruelty against non-livestock animals. The statute in its current form makes torturing, killing, or seriously injuring a non-livestock animal a third degree felony, while less serious offenses carry either a state jail felony or a Class A misdemeanor charge.

While a step in the right direction, Texas law is not comprehensive in that it fails to address a significant aspect of animal cruelty offenses: mental illness. For over fifteen years, Texas Family Code § 54.0407 has required psychiatric counseling for juveniles convicted of cruelty to ...


To Bee Or Not To Bee, Michael Davids May 2019

To Bee Or Not To Bee, Michael Davids

Seattle Journal of Technology, Environmental & Innovation Law

Honey bees are the oil that keeps our agriculture system functioning and productive, yet beekeepers are one of the honey bee’s largest stressors. Bees are hived in uninsulated boxes, shipped thousands of miles to pollinate monoculture crops that affect their diet, and bred to produce less propolis—a valuable substance bees make to protect themselves, but neither federal nor state addresses these issues. This article proposes that the USDA and APHIS, as well as state agriculture agencies regulate hive design to mimic bees’ natural hives, regulate the design of truck trailers to trick bees into believing they are stationary ...


Got Mylk?: The Disruptive Possibilities Of Plant Milk, Iselin Gambert May 2019

Got Mylk?: The Disruptive Possibilities Of Plant Milk, Iselin Gambert

Brooklyn Law Review

Milk is one of the most ubiquitous and heavily regulated substances on the planet—and perhaps one of the most contested. It is tied closely to notions of purity, health, and femininity, and is seen as so central to human civilization that our own galaxy—the Milky Way—is named after it. But despite its wholesome reputation, milk has long had a sinister side, being bound up with the exploitation of the (human and nonhuman) bodies it comes from and being a symbol of and tool for white dominance and superiority. The word itself, in verb form, means “to exploit ...


Max's Taxes: A Tax-Based Analysis Of Pet Trusts, Gerry W. Beyer, Jonathan P. Wilkerson May 2019

Max's Taxes: A Tax-Based Analysis Of Pet Trusts, Gerry W. Beyer, Jonathan P. Wilkerson

University of Richmond Law Review

No abstract provided.


Indigenous Environmental Network V. United States Department Of State, Seth Sivinski Apr 2019

Indigenous Environmental Network V. United States Department Of State, Seth Sivinski

Public Land & Resources Law Review

Pipelines are an extremely efficient way to move large amounts of oil and gas across long distances. However, pipelines have become a lightning rod for environmentalists opposing the lines’ construction and the energy sector which considers the lines a must to achieve energy independence and security. Pipelines are massive projects often crossing interstate and international boundaries. As a result, they are subject to an extensive amount of government regulation with an accompanying assortment of legal challenges. Indigenous Environmental Network v. United States Department of State is the latest case in the Keystone XL pipeline saga, wherein the United States District ...


Murray V. Bej Minerals, Llc, Brett Berntsen Apr 2019

Murray V. Bej Minerals, Llc, Brett Berntsen

Public Land & Resources Law Review

Part of a dispute some 66 million years in the making, Murray v. BEJ Minerals, LLC considered for the first time whether dinosaur fossils—specifically a one-of-a-kind specimen containing entombed “dueling dinosaurs”—qualified as “minerals” for the purposes of a property transaction under Montana law. Finding no consistent statutory or dictionary definition for “mineral,” the Ninth Circuit relied on a test previously utilized by the Montana Supreme Court to hold that the dinosaur fossils constituted minerals due to their rare and exceptional qualities and were therefore part of the property’s mineral estate. The decision was promptly nullified, however, as ...


Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains Apr 2019

Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains

Public Land & Resources Law Review

In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States Court ...


Eating Our Way To Their Extinction: What Florida Should Learn From California On Banning Shark Fin Soup And The Shark Fin Trade, Bettina Tran Apr 2019

Eating Our Way To Their Extinction: What Florida Should Learn From California On Banning Shark Fin Soup And The Shark Fin Trade, Bettina Tran

Seattle Journal of Technology, Environmental & Innovation Law

Currently, it is legal to possess, sell and purchase shark fins in 38 states, Florida included. Fishermen are allowed to harvest sharks all around the world with minimal surveillance and weak regulation, causing greed to push a 400-million-year old species to the brink of extinction. Florida’s current statue is completely ineffective and toothless when it comes to shark conservation. The State needs to amend its shark fin law prohibiting the trade in all detached shark fins, for any purpose, by anyone to discontinue fueling a cruel practice. There is a federal bill pending in congress that would ban the ...


How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan Apr 2019

How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan

Seattle Journal of Technology, Environmental & Innovation Law

Well managed fisheries represent an excellent source of sustainable food making the management of which incredibly important. The management of fisheries in the United States is governed by The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA). While the Act creates strong goals and mandates to ensure the best management of fisheries as an important natural resource, there are issues of delegation within the act. The MSFCMA ultimately delegates authority to eight regional councils which are made up of unelected and un-appointed members. The membership of these councils is at risk of industry influence with little legal protections. Critical in how ...


Holding The Animal Agriculture Industry Accountable For Climate Change: Merits Of A Public Nuisance Claim Under California And Federal Law, Amit Liran Mar 2019

Holding The Animal Agriculture Industry Accountable For Climate Change: Merits Of A Public Nuisance Claim Under California And Federal Law, Amit Liran

Villanova Environmental Law Journal

No abstract provided.


Transboundary Wildlife Laws And Trafficking: The Plight Of The African Elephant In Malawi And The Need For International Cooperation, Emily Schenning Mar 2019

Transboundary Wildlife Laws And Trafficking: The Plight Of The African Elephant In Malawi And The Need For International Cooperation, Emily Schenning

Villanova Environmental Law Journal

No abstract provided.


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


A Conspiracy Of Life: A Posthumanist Critique Of Appoaches To Animal Rights In The Law, Barnaby E. Mclaughlin Feb 2019

A Conspiracy Of Life: A Posthumanist Critique Of Appoaches To Animal Rights In The Law, Barnaby E. Mclaughlin

University of Massachusetts Law Review

Near the end of his life, Jacques Derrida, one of the most influential philosophers of the twentieth century, turned his attention from the traditional focus of philosophy, humans and humanity, to an emerging field of philosophical concern, animals. Interestingly, Derrida claimed in an address entitled The Animal That Therefore I Am that,

since I began writing, in fact, I believe I have dedicated [my work] to the question of the living and of the living animal. For me that will always have been the most important and decisive question. I have addressed it a thousand times, either directly or obliquely ...


More Than Birds: Developing A New Environmental Jurisprudence Through The Migratory Bird Treaty Act, Patrick G. Maroun Feb 2019

More Than Birds: Developing A New Environmental Jurisprudence Through The Migratory Bird Treaty Act, Patrick G. Maroun

Michigan Law Review

This year marks the centennial of the Migratory Bird Treaty Act, one of the oldest environmental regulatory statutes in the United States. It is illegal to “take” or “kill” any migratory bird covered by the Act. But many of the economic and industrial assumptions that undergirded the Act in 1918 have changed dramatically. Although it is undisputed that hunting protected birds is prohibited, circuit courts split on whether so-called “incidental takings” fall within the scope of the Act. The uncertainty inherent in this disagreement harms public and private interests alike—not to mention migratory birds. Many of the most important ...


Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski Jan 2019

Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski

Public Land & Resources Law Review

In WildEarth Guardians v. U.S. BLM, the District Court of Colorado showed that economic and developmental uncertainty is an area where agencies are given broad discretion in deciding whether an impact is reasonably foreseeable and requires a further conformity analysis under the Clean Air Act. This case exemplifies the tactical limitation of using climate change and the science around it to force greater analysis of projects undertaken by federal agencies. However, the court presented a potential roadmap for successful future challenges.


Carnivore-Livestock Conflicts In Chile: Evidence And Methods For Mitigation, Valeska Rodriguez, Daniela A. Poo-Muñoz, Luis E. Escobar, Francisca Astorga, Gonzalo Medina-Vogel Jan 2019

Carnivore-Livestock Conflicts In Chile: Evidence And Methods For Mitigation, Valeska Rodriguez, Daniela A. Poo-Muñoz, Luis E. Escobar, Francisca Astorga, Gonzalo Medina-Vogel

Human–Wildlife Interactions

Human population growth and habitat loss have exacerbated human–wildlife conflicts worldwide. We explored trends in human–wildlife conflicts (HWCs) in Chile using scientific and official reports to identify areas and species with higher risk of conflicts and tools available for their prevention and mitigation. The puma (Puma concolor) was considered the most frequent predator; however, fox (Lycalopex spp.) and free-ranging or feral dog (Canis lupus familiaris) attacks were also common. Our results suggest that the magnitude of puma conflicts may be overestimated. Domestic sheep (Ovis spp.) and poultry (Galliformes) were the most common species predated. Livestock losses were widespread ...


The Pets Act And Beyond: A Critical Examination Of The Pets Act And What The Future Of Disaster Planning And Response For Animals Should Be, Erica Lavoy Jan 2019

The Pets Act And Beyond: A Critical Examination Of The Pets Act And What The Future Of Disaster Planning And Response For Animals Should Be, Erica Lavoy

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor Jan 2019

The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor

Public Land & Resources Law Review

No abstract provided.


Board Of Editors Jan 2019

Board Of Editors

Public Land & Resources Law Review

No abstract provided.


Crowley Acknowledgement Jan 2019

Crowley Acknowledgement

Public Land & Resources Law Review

No abstract provided.


Table Of Contents Jan 2019

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader Jan 2019

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


Indigenous Law At The Supreme Court Of Canada, Russell Brown Jan 2019

Indigenous Law At The Supreme Court Of Canada, Russell Brown

Public Land & Resources Law Review

No abstract provided.


Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills Jan 2019

Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills

Public Land & Resources Law Review

No abstract provided.