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Full-Text Articles in Animal Law

Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey Oct 2018

Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey

Public Land & Resources Law Review

Isaac Stevens, then Superintendent of Indian Affairs and Governor of Washington Territory, negotiated a series of treaties with Indian tribes in the Pacific Northwest during 1854 and 1855. A century and a half later in 2001, the United States joined 21 Indian tribes in filing a Request for Determination in the United States District Court for the District of Washington. Plaintiffs alleged the State of Washington had violated those 150-year-old treaties, which remained in effect, by building and maintaining culverts under roads that prevented salmon passage. This litigation eventually reached the Ninth Circuit Court of Appeals, which held in favor ...


Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western Oct 2018

Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western

Public Land & Resources Law Review

As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The phenomenon of increased drilling in sensitive locations, both urban and remote, has sparked increased public opposition, requiring oil and gas producers to reconsider how they engage the public. Oil and gas producers have increasingly deployed the concept of a social license to operate to gain ...


Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot Oct 2018

Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot

Public Land & Resources Law Review

In 2015, the Obama Administration announced its conservation plans for the greater sage-grouse, an iconic bird of the intermountain west.Political leadership at the time described those plans as the “largest landscape-level conservation effort in U.S. history,”and they served as the foundation for a decision by the U.S. Fish and Wildlife Service (“FWS”) that a listing of the bird was not warranted under the Endangered Species Act (“ESA”). The Trump Administration appears poised to substantially amend the plans, although an array of interested parties have urged that the plans be left intact. Regardless of the outcome of ...


Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas Oct 2018

Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas

Public Land & Resources Law Review

Hydroelectric power is an efficient and clean source of power. In an era when air emissions dominate public concern about the environmental effects of the energy sector, it is a paradox that among the most highly regulated energy projects are hydroelectric dams, which do not combust fuel. This is partly due to a failure of successive statutory enactments,which have transformed hydroelectric licensing from a regulatory “one-stop shop” with a single regulator, to a process chained to a bewilderingnumber of often conflicting regulatory agencies, often riven with delay. Hydroelectric licensing has also failed because its capacious standard of review encourages ...


Center For Biological Diversity V. Zinke, Ryan Hickey Oct 2018

Center For Biological Diversity V. Zinke, Ryan Hickey

Public Land & Resources Law Review

The oft-cited “arbitrary and capricious” standard revived the Center for Biological Diversity’s most recent legal challenge in its decades-long quest to see arctic grayling listed under the Endangered Species Act. While this Ninth Circuit decision did not grant grayling ESA protections, it did require the United States Fish and Wildlife Service to reconsider its 2014 finding that listing grayling as threatened or endangered was unwarranted. In doing so, the court found “range,” as used in the ESA, vague while endorsing the FWS’s 2014 clarification of that term. Finally, this holding identified specific shortcomings of the challenged FWS finding ...


Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains Oct 2018

Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains

Public Land & Resources Law Review

Prior to 2016, the EPA acknowledged that human activities significantly contribute to climate change. However, on March 9, 2017, EPA Administrator Scott Pruitt announced that significant debate regarding the issue remained in the scientific community. In response to these statements, a nonprofit organization filed a FOIA request with the EPA seeking any documents or records Pruitt may have used when formulating his statements or substantiating his position. The EPA refused to comply with the request, citing undue burden and improper interrogation and this action followed. Upon review, the District Court for the District of Columbia found the plaintiff’s FOIA ...


The Fragile Menagerie: Biodiversity Loss, Climate Change, And The Law, James M. Chen Apr 2018

The Fragile Menagerie: Biodiversity Loss, Climate Change, And The Law, James M. Chen

Indiana Law Journal

I. THE HIPPODROME OF THE GODS: RACING AGAINST ECOLOGICAL AND EVOLUTIONARY APOCALYPSE - p. 304

II. ACROSS THE APOCALYPSE ON HORSEBACK: LEGAL RESPONSES TO BIODIVERSITY LOSS - p. 310

A. OVERKILL - p. 310

B. ALIEN INVASIVE SPECIES - p. 316

C. HABITAT DESTRUCTION AND PUBLIC LAND MANAGEMENT - p. 321

  1. ISLAND BIOGEOGRAPHY - p. 321
  2. PUBLIC LANDS MANAGEMENT - p. 325

III. THE ENDANGERED SPECIES ACT: FROM PRIVATE LANDS TO GLOBAL COMMONS - p. 329 A. ENDANGERED SPECIES ACT MECHANICS - p. 330

  1. LISTING ENDANGERED AND THREATENED SPECIES - p. 330
  2. CRITICAL HABITAT - p. 333
  3. INTERAGENCY CONSULTATION - p. 333

B. HABITAT CONSERVATION ON PRIVATE LANDS - p. 335

C. ΑΡΚΤΟΎΡΟΣ ...


Discretion Bites: The Current State Of Animal Emergency Planning, Paige Chretien Jan 2017

Discretion Bites: The Current State Of Animal Emergency Planning, Paige Chretien

San Diego Journal of Climate & Energy Law

Natural disasters have historically wreaked havoc on the lives of animals. Hurricane Katrina, which hit the gulf coast of Louisiana in 2005, exposed the tragic vulnerabilities of pets and pet owners in disasters and brought awareness to the significance of the human-animal bond.[1] As climate change will likely breed storms that are more deadly than their predecessors, planning and preparedness are essential to mitigating the impacts of these storms. The current status of animal emergency planning and preparedness in the state of California does not ensure that such vulnerable population will be adequately protected.
Part I begins by discussing ...


Animal Law And Environmental Law: Exploring The Connections And Synergies, Randall S. Abate, Elizabeth Hallinan, Joan E. Schaffner, Bruce Myers Jan 2016

Animal Law And Environmental Law: Exploring The Connections And Synergies, Randall S. Abate, Elizabeth Hallinan, Joan E. Schaffner, Bruce Myers

Journal Publications

Environmental law, with its intricate layers of international, federal, state, and local laws, is more established than its animal counterpart. Yet animal law faces many of the same legal and strategic challenges that environmental law faced in seeking to establish a more secure foothold, both in the United States and abroad. In What Can Animal Law Learn From Environmental Law?, editor Randall S. Abate brought together academics, advocates, and legal professionals to examine the very different histories of environmental and animal law, as well as the legal and policy frameworks that bridge the two fields. On November 16, 2015, the ...


Recovering From The Recovery Narrative: On Globalism, Green Jobs And Cyborg Civilization, Michael Burger Jun 2015

Recovering From The Recovery Narrative: On Globalism, Green Jobs And Cyborg Civilization, Michael Burger

Akron Law Review

In this Essay, I make a preliminary foray into this new narrative terrain, identifying several emerging legal storylines that have arisen in the wake of climate change disruptions and that I predict will prove influential in the coming years. In Part I, I discuss the ways in which new perceptions of scale are re-defining human beings’ attachments to a sense of “place” or “dwelling” and are shaping new attitudes about what constitutes the local, posing potential problems for existing federalism schemes. In Part II, I discuss the ways in which America’s long history of nationalizing nature manifests in the ...


Slides: Arctic Ecosystem Services Measurement And Modeling Project, Eric Biltonen May 2011

Slides: Arctic Ecosystem Services Measurement And Modeling Project, Eric Biltonen

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Eric Biltonen, PhD, Environment Economist, Houston Advanced Research Center

8 slides


Introduction To The Environmental Law And Justice Symposium Issue, Randall S. Abate, Robert H. Abrams, Robert Graggs Jan 2011

Introduction To The Environmental Law And Justice Symposium Issue, Randall S. Abate, Robert H. Abrams, Robert Graggs

Florida A & M University Law Review

No abstract provided.


Slides: Adapting Western Water Policy For Resilience Under Climate Change, Bonnie G. Colby Jun 2008

Slides: Adapting Western Water Policy For Resilience Under Climate Change, Bonnie G. Colby

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Dr. Bonnie G. Colby, Professor of Resource Economics & Hydrology, University of Arizona Department of Agriculture & Resource Economics

22 slides


Slides: Beyond Rethinking: Redoing Western Water Law, Janet Neuman Jun 2008

Slides: Beyond Rethinking: Redoing Western Water Law, Janet Neuman

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Professor Janet Neuman, Lewis & Clark Law School

17 slides


Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott Jun 2008

Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: J. Michael Scott, U.S. Geological Survey, Idaho Cooperative Fish and Wildlife Research Unit, University of Idaho

38 slides


Slides: Rethinking Western Water Law: Whatever Happened To The Public Interest?, Mark Squillace Jun 2008

Slides: Rethinking Western Water Law: Whatever Happened To The Public Interest?, Mark Squillace

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School

15 slides


Slides: Global Warming And The Endangered Species Act, Kieran Suckling Jun 2008

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


Sustainable Water Policies In The Rocky Mountain West: An Action Agenda, Sarah Bates Jun 2008

Sustainable Water Policies In The Rocky Mountain West: An Action Agenda, Sarah Bates

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Sarah Bates, Western Progress

10 pages.

Includes bibliographical references

"Review Draft, May 15, 2008"


Rethinking Western Water Law: Instream Flows, Reed D. Benson Jun 2008

Rethinking Western Water Law: Instream Flows, Reed D. Benson

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Reed D. Benson, University of New Mexico School of Law

1 page.


Agenda: Shifting Baselines And New Meridians: Water, Resources, Landscapes, And The Transformation Of The American West, University Of Colorado Boulder. Natural Resources Law Center Jun 2008

Agenda: Shifting Baselines And New Meridians: Water, Resources, Landscapes, And The Transformation Of The American West, University Of Colorado Boulder. Natural Resources Law Center

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

The Center’s 29th annual conference will focus on the changes in the West resulting from rapid population growth, development, disrupted historical weather patterns and the effects of those changes on land, water, and energy resources. Speakers and panelists will address the adaptability of the legal and political institutions and how the transformation of the West may foreshadow fundamental changes to these institutions.

The agenda includes panel discussions that will address:

  • Water for the 21st Century —the big questions in Western water and rethinking Western water law.
  • The Future of Energy —practical and sophisticated solutions to overcome the energy ...


Slides: The Future Of Energy: What Are The Major Projections For The U.S. Energy Future, And What Are The Implications For The West?, Gary Bryner Jun 2008

Slides: The Future Of Energy: What Are The Major Projections For The U.S. Energy Future, And What Are The Implications For The West?, Gary Bryner

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Gary Bryner, Brigham Young University, Department of Political Science

9 slides


Slides: "Mitaku Oyasin" Means "We Are All Related", Bob Gough Jun 2008

Slides: "Mitaku Oyasin" Means "We Are All Related", Bob Gough

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Bob Gough, NativeEnergy, Inc.

72 slides


Slides: Climate Comments, Bob Gough Jun 2008

Slides: Climate Comments, Bob Gough

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Bob Gough, NativeEnergy, Inc.

11 slides


The Environmental Effects Of Cruelty To Agricultural Animals, Kyle H. Landis-Marinello Jan 2008

The Environmental Effects Of Cruelty To Agricultural Animals, Kyle H. Landis-Marinello

Michigan Law Review First Impressions

Laws criminalizing animal abuse should apply to the agricultural industry. When we exempt the agricultural industry from these laws, factory farms increase production to unnaturally high levels. This increased production causes devastating environmental effects, such as climate change, water shortages, and the loss of topsoil. In light of these effects, the law needs to do much more to regulate the agricultural industry, and the first step should be to criminalize cruelty to agricultural animals. This would force the industry to slow down production to more natural levels that are much less harmful to the environment.


Currents In Water Resources Law And Policy: How Is “Prior” Coping With New Stresses? [Outline], A. Dan Tarlock, David H. Getches Jun 2007

Currents In Water Resources Law And Policy: How Is “Prior” Coping With New Stresses? [Outline], A. Dan Tarlock, David H. Getches

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

3 pages.

Includes bibliographical references

"A. Dan Tarlock, Distinguished Professor of Law and Director, Program in Environmental and Energy Law, Chicago-Kent College of Law"

"David H. Getches, Dean and Raphael J. Moses Professor of Natural Resources Law, University of Colorado Law School"


Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr. Jun 2007

Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr.

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: William H. Rodgers, Jr., Stimson Bullitt Professor of Environmental Law, University of Washington School of Law

77 slides


Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl Jun 2007

Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: J.B. Ruhl, Florida State University Law School

18 slides


The Future Of Mineral Development On Federal Lands In The United States, John D. Leshy Jun 2007

The Future Of Mineral Development On Federal Lands In The United States, John D. Leshy

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

11 pages.

Includes bibliographical references

"Outline of presentation of John D. Leshy, Harry D. Sunderland Distinguished Professor, U.C. Hastings College of the Law, Natural Resources Law center, June 7, 2007" (pp. 3-5)

"Leshy draft 4.27.07 For Natural Resources Law Center" (pp. 6-13)


Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation Jun 2007

Agenda: The Future Of Natural Resources Law And Policy, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Mineral Law Foundation

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

The Natural Resources Law Center's 25th Anniversary Conference and Natural Resources Law Teachers 14th Biennial Institute provided an opportunity for some of the best natural resources lawyers to discuss future trends in the field. The conference focused on the larger, cross-cutting issues affecting natural resources policy. Initial discussions concerned the declining role of scientific resource management due to the increased inclusion of economic-cost benefit analysis and public participation in the decision-making process. The effectiveness of this approach was questioned particularly in the case of non-market goods such as the polar bear. Other participants promoted the importance of public participation ...


Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis Jun 2007

Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Dr. William R. Travis, Department of Geography, University of Colorado at Boulder

43 slides