Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Natural Resources Law (145)
- Environmental Sciences (111)
- Physical Sciences and Mathematics (111)
- Natural Resources Management and Policy (107)
- Social and Behavioral Sciences (105)
-
- Public Affairs, Public Policy and Public Administration (103)
- Administrative Law (102)
- Environmental Policy (99)
- State and Local Government Law (92)
- Water Law (92)
- Natural Resources and Conservation (88)
- Water Resource Management (81)
- Life Sciences (73)
- Animal Law (70)
- Land Use Law (70)
- Biodiversity (53)
- Energy and Utilities Law (47)
- Property Law and Real Estate (47)
- Natural Resource Economics (46)
- Legislation (43)
- Indigenous, Indian, and Aboriginal Law (41)
- Earth Sciences (33)
- Environmental Health and Protection (32)
- Hydrology (30)
- Litigation (30)
- Oil, Gas, and Mineral Law (29)
- Courts (28)
- Energy Policy (28)
- Institution
-
- University of Colorado Law School (111)
- Selected Works (15)
- Maurer School of Law: Indiana University (13)
- University of Montana (10)
- American University Washington College of Law (9)
-
- Lewis & Clark Law School (7)
- University of Florida Levin College of Law (7)
- Vanderbilt University Law School (7)
- Florida A&M University College of Law (6)
- UIdaho Law (6)
- University of Michigan Law School (5)
- William & Mary Law School (5)
- Seattle University School of Law (4)
- Golden Gate University School of Law (3)
- Pace University (3)
- University of Baltimore Law (3)
- University of Cincinnati College of Law (3)
- University of Georgia School of Law (3)
- University of Richmond (3)
- Georgetown University Law Center (2)
- Notre Dame Law School (2)
- Pepperdine University (2)
- St. Mary's University (2)
- The University of Akron (2)
- University of Oklahoma College of Law (2)
- University of Pittsburgh School of Law (2)
- California Polytechnic State University, San Luis Obispo (1)
- Chicago-Kent College of Law (1)
- Columbia Law School (1)
- Cornell University Law School (1)
- Publication Year
- Publication
-
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (11)
- Endangered Species Act Congressional Field Tour (August 17-19) (11)
- Articles (9)
- Public Land & Resources Law Review (9)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (9)
-
- Sustainable Development Law & Policy (8)
- UF Law Faculty Publications (7)
- Vanderbilt Law School Faculty Publications (7)
- Articles by Maurer Faculty (6)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (5)
- Indiana Law Journal (5)
- Mary Jane Angelo (5)
- Water and Growth in the West (Summer Conference, June 7-9) (5)
- William & Mary Environmental Law and Policy Review (5)
- Animal Law Review (4)
- Michigan Law Review (4)
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (4)
- Sustainable Use of the West's Water (Summer Conference, June 12-14) (4)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (4)
- The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18) (4)
- Who Governs the Public Lands: Washington? The West? The Community? (September 28-30) (4)
- All Faculty Scholarship (3)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (3)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (3)
- Faculty Articles (3)
- Faculty Articles and Other Publications (3)
- Journal Articles (3)
- Publications (3)
- Seattle University Law Review (3)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (3)
- Publication Type
Articles 1 - 30 of 252
Full-Text Articles in Environmental Law
Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd
Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Environmental champions and conservationists will mark the 50th anniversary of the Endangered Species Act later this month. That is the law requiring federal agencies to use all methods necessary to prevent extinctions and ensure that federal actions not jeopardize the continued existence of species on the brink of disappearing from the face of the Earth.
In the leadup to the December 27th anniversary, several publications have begun examining the Act’s history and impact over five decades.
Science, the world’s third-most influential scholarly journal based on Google Scholar citations, invited experts from around the country to look ahead as well …
Fischman Serves As Witness In Endangered Species Act Hearing, James Owsley Boyd
Fischman Serves As Witness In Endangered Species Act Hearing, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
An environmental law expert from the Indiana University Maurer School of Law served as an expert witness today (April 18) as part of a congressional hearing on the Endangered Species Act (ESA). Professor Rob Fischman participated in one of three panels convened by the U.S. House Natural Resources Subcommittee on Water, Wildlife, and Fisheries as lawmakers consider four Congressional Review Act (CRA) resolutions challenging the implementation of certain aspects of the ESA.
What Will The “Foreseeable Future” Bring For Climate- Imperiled Species?, Olivia Bauer
What Will The “Foreseeable Future” Bring For Climate- Imperiled Species?, Olivia Bauer
Indiana Law Journal
The Endangered Species Act (ESA) is the strongest source of federal protection for species that are at risk of extinction, and the ESA is becoming increasingly important as climate change threatens species and their habitats more than ever. In 2019, the Trump Administration amended the ESA to provide clarity and predictability when making decisions to list a species as threatened or endangered under the ESA. The Administration defined “foreseeable future” in a way that starkly limits how far into the future the listing agencies may look when assessing risks to species. Prior to the 2019 definition of “foreseeable future,” the …
Salmon And The Clean Water Act: An Unfinished Agenda, Michael Blumm, Michael Benjamin Smith
Salmon And The Clean Water Act: An Unfinished Agenda, Michael Blumm, Michael Benjamin Smith
Faculty Articles
Salmon are perhaps the quintessential indicator species for water quality, as they require both sufficient quality and quantity to migrate and spawn. Columbia Basin salmon have been listed under the Endangered Species Act (ESA) for over a quarter-century in large part due to inadequate water flows and poor water quality. A half-century ago, long before the listings, the modern Clean Water Act promised fishable waters. This article explains that this is a promise largely unkept due to implementing agencies’ evasion and disinterest. Recent litigation, however, offers some hope that the statute may yet provide a viable path towards protecting and …
Salmon And The Clean Water Act: An Unfinished Agenda, Michael Blumm, Michael Benjamin Smith
Salmon And The Clean Water Act: An Unfinished Agenda, Michael Blumm, Michael Benjamin Smith
Faculty Articles
Salmon are perhaps the quintessential indicator species for water quality, as they require both sufficient quality and quantity to migrate and spawn. Columbia Basin salmon have been listed under the Endangered Species Act (ESA) for over a quarter-century in large part due to inadequate water flows and poor water quality. A half-century ago, long before the listings, the modern Clean Water Act promised fishable waters. This article explains that this is a promise largely unkept due to implementing agencies’ evasion and disinterest. Recent litigation, however, offers some hope that the statute may yet provide a viable path towards protecting and …
350 Montana V. Bernhardt, Ryan W. Frank
350 Montana V. Bernhardt, Ryan W. Frank
Public Land & Resources Law Review
In its second trip before the District Court of Montana, the Bull Mountain Mine expansion was again halted, this time due to coal train derailments. The Bull Mountain Mine expansion, previously enjoined in 2015 for violating the National Environmental Policy Act, was revived in 2018 when the Office of Surface Mining Reclamation and Enforcement approved the expansion a second time. Here, the court found the Office of Surface Mining Reclamation and Enforcement did not comply with the National Environmental Policy Act on grounds that the Environmental Assessment failed to properly analyze the risk of train derailments.
National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour
National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour
Public Land & Resources Law Review
The Sixth Circuit Court of Appeals recently ruled in favor of the Department of Transportation in considering whether the district court erred in holding that an agency took a discretionary action when it approved oil spill response plans to a pipeline under the Clean Water Act. The Sixth Circuit reversed the district court’s decision. It held the Department of Transportation does not need to consider the Endangered Species Act and the National Environmental Policy Act requirements in their response plans as long as the Clean Water Act criteria for such plans are met.
Does Nepa Help Or Harm Esa Critical Habitat Designations? An Assessment Of Over 600 Critical Habitat Rules, John C. Ruple, Michael J. Tanana, Merrill M. Williams
Does Nepa Help Or Harm Esa Critical Habitat Designations? An Assessment Of Over 600 Critical Habitat Rules, John C. Ruple, Michael J. Tanana, Merrill M. Williams
Wallace Stegner Center for Land, Resources, and the Environment publications
This paper tests whether impact analysis pursuant to the National Environmental Policy Act delays federal decision making, and whether the NEPA process results in significant changes to the substance of federal decisions. We reviewed 636 rules designating critical habitat for species that are protected by the Endangered Species Act. Because of a circuit court split, some of these rules were subject to NEPA analysis while others were not. In comparing these two groups we found that rules that underwent NEPA analysis were completed more than three months faster than rules that were exempted from NEPA review. We also found that …
Salmon Lessons For The Delta Smelt: Unjustified Reliance On Hatcheries In The Usfws October 2019 Biological Opinion, Paul Stanton Kibel
Salmon Lessons For The Delta Smelt: Unjustified Reliance On Hatcheries In The Usfws October 2019 Biological Opinion, Paul Stanton Kibel
Publications
Pursuant to the Endangered Species Act, in October 2019 the United States Fish and Wildlife Service (USFWS) of the Trump Administration issued a new Biological Opinion (BiOp) for coordinated operations of the Central Valley Project and the State Water Project (2019 USFWS BiOp).
The Central Valley Project is operated by the United States Bureau of Reclamation (Reclamation), and the State Water Project is operated by the California Department of Water Resources. The Central Valley Project and the State Water Project both divert freshwater from the Sacramento River and San Joaquin River watersheds, and the reduced freshwater flow resulting from these …
Feeling The Heat: The Endangered Species Act And Climate Change, Andrew J. N. D. Coffey
Feeling The Heat: The Endangered Species Act And Climate Change, Andrew J. N. D. Coffey
Georgia State University Law Review
The following Note discusses the effects that some of these rule changes will have on the Endangered Species Act in the face of uncertain climate change and the science behind it. Part I examines the background of the Act, its current rules, climate change’s impact on the environment, and judicial deference to agency interpretations. Part II analyzes how the current rules further the goals of the Act, how the proposed changes to those rules will add to the confusion surrounding the Act’s standards, and the role climate change studies have in both of those implementations. Part III will propose a …
Contingent Delisting, Justin R. Pidot
Contingent Delisting, Justin R. Pidot
University of Colorado Law Review
No abstract provided.
Let's Talk Protecting Endangered Species, Clifford J. Villa, Ty Bannerman, Will Cavin, Taylor Jones, Ari Biernoff
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?
Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman
Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman
Indiana Law Journal
Historic variation in the environment once served as a reliable guide to future behavior. Sustainability promised continuity of ecological and social structures and functions within the known envelope of historic variation. Now climate change and other environmental stressors are tipping systems into behaviors that no longer remain within the confines of precedent. Social-ecological systems are neither persistent nor predicable. Letting go of stability releases us from untenable expectations of steady maintenance of some natural order. Resistance to change will continue to play a role as environmental law suppresses disruptions and buys time. But resistance will eventually yield the stage to …
The Genie Is Out Of The De-Extinction Bottle: A Problem In Risk Regulation And Regulatory Gaps, Hope M. Babcock
The Genie Is Out Of The De-Extinction Bottle: A Problem In Risk Regulation And Regulatory Gaps, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
Once the province of horror films and fantasy, the idea of recreating extinct life forms is poised to move from science fiction to laboratories and from there to the world at large. While “de-extinction is not something that will take place tomorrow . . . scientists are making major advancements, and eventual success appears inevitable.” Spurred on by the burgeoning field of genetic engineering, it was only a matter of time before scientists turned their attention to recreating extinct life forms, either for the thrill of it or in atonement for the human role in the extinction process.
But science …
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
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 this debate, conservation of …
Center For Biological Diversity V. Zinke, Ryan Hickey
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, highlighting how …
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Public Land & Resources Law Review
In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …
Buffalo Field Campaign V. Zinke, Hallee C. Kansman
Buffalo Field Campaign V. Zinke, Hallee C. Kansman
Public Land & Resources Law Review
Despite years of litigation and legislation, the protection status of bison in and around Yellowstone National Park remains unsettled. Buffalo Field Campaign, a non-profit group, has spent decades spearheading the fight to list the species as either endangered or threatened under the Endangered Species Act. Buffalo Field Campaign v. Zinke tests the scope of agency directives and the strictness of the statutory language which guides agency actions.
Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen
Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen
St. Mary's Law Journal
Abstract forthcoming
Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor
Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor
Public Land & Resources Law Review
This action is an appeal of a grant of summary judgment to the United States Fish and Wildlife Service on the designation of critical-habitat for the dusky gopher frog under the ESA. Landowner appellants originally sought declaratory and injunctive relief against the Service, the Department of Interior, and agency officials challenging the designation of their private property as critical-habitat for the dusky gopher frog. The court’s holdings recognize loss of property value as a “particularized injury” for standing under the ESA in addition to addressing the landowners’ three principal arguments: 1) the critical habitat designation violated the ESA and the …
The Fragile Menagerie: Biodiversity Loss, Climate Change, And The Law, James M. Chen
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....................................................................... 304
II. ACROSS THE APOCALYPSE ON HORSEBACK: LEGAL RESPONSES
TO BIODIVERSITY LOSS .................................................................................... 310
A. OVERKILL ........................................................................................... 310
B. ALIEN INVASIVE SPECIES ..................................................................... 316
C. HABITAT DESTRUCTION AND PUBLIC LAND MANAGEMENT .................. 321
1. ISLAND BIOGEOGRAPHY .............................................................. 321
2. PUBLIC LANDS MANAGEMENT..................................................... 325
III. THE ENDANGERED SPECIES ACT: FROM PRIVATE LANDS TO
GLOBAL COMMONS .......................................................................................... 329
A. ENDANGERED SPECIES ACT MECHANICS .............................................. 330
1. LISTING ENDANGERED AND THREATENED SPECIES....................... 330
2. CRITICAL HABITAT ..................................................................... 333
3. INTERAGENCY CONSULTATION .................................................... 333
B. HABITAT CONSERVATION ON PRIVATE LANDS...................................... 335
C. …
Pragmatism, Pragtivism, And Private Environmental Governance, Joshua Ulan Galperin
Pragmatism, Pragtivism, And Private Environmental Governance, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
This essay is an edited version of a talk presented at the 2017 J.B. & Maurice C. Shapiro Environmental Law Symposium on Private Environmental Governance at the George Washington University. It is adapted from a longer article entitled Trust Me, I’m A Pragmatist: A Partially Pragmatic Critique of Pragmatic Activism, in 42 Colum. J. Envtl. L. 425 (2017).
Legislative Efforts To Increase State Management For Imperiled Species Should Be Rejected, Stephanie Kurose
Legislative Efforts To Increase State Management For Imperiled Species Should Be Rejected, Stephanie Kurose
Sustainable Development Law & Policy
No abstract provided.
Anthropogenic Noise And The Endangered Species Act, Carolyn Larcom
Anthropogenic Noise And The Endangered Species Act, Carolyn Larcom
Sustainable Development Law & Policy
No abstract provided.
State Imperiled Species Legislation, Robert L. Fischman, Vicky J. Meretsky, Willem Drews, Katlin Stephani, Jennifer Teson
State Imperiled Species Legislation, Robert L. Fischman, Vicky J. Meretsky, Willem Drews, Katlin Stephani, Jennifer Teson
Articles by Maurer Faculty
State wildlife conservation programs are essential to accomplishing the national goal of extinction prevention. By virtue of their constitutional powers, their expertise, and their on-the-ground personnel, states could—in theory—accomplish far more than the federal agencies directly responsible for implementing the Endangered Species Act (ESA). States plausibly argue that they can catalyze collaborative conservation that brings together key stakeholders to improve conditions for imperiled species. Bills to revise the ESA seek to delegate greater authority to states. We evaluated states’ imperiled species legislation to determine their legal capacity to employ the key regulatory tools that prompt collaborative conservation. All but four …
Pragmatism, Pragtivism, And Private Environmental Governance, Joshua Galperin
Pragmatism, Pragtivism, And Private Environmental Governance, Joshua Galperin
Articles
This essay is an edited version of a talk presented at the 2017 J.B. & Maurice C. Shapiro Environmental Law Symposium on Private Environmental Governance at the George Washington University. It is adapted from a longer article entitled Trust Me, I’m A Pragmatist: A Partially Pragmatic Critique of Pragmatic Activism, in 42 Colum. J. Envtl. L. 425 (2017).
Center For Biological Diversity V. Jewell, Lowell J. Chandler
Center For Biological Diversity V. Jewell, Lowell J. Chandler
Public Land & Resources Law Review
The ESA protects threatened or endangered species, and species likely to become threatened or endangered within the foreseeable future, throughout all or a significant portion of their range. In Center for Biological Diversity v. Jewell, the United States District Court for the District of Arizona overturned a Fish and Wildlife Service policy defining the significant portion of range language in the ESA. The policy interpretation limited ESA protections to apply only when a species faced risk of extinction throughout its entire range. The court deemed this policy impermissible because it effectively rendered the significant portion of range language meaningless. …
The Military-Environmental Complex And The Courts: Comment To Sarah Light, Shi-Ling Hsu
The Military-Environmental Complex And The Courts: Comment To Sarah Light, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
Trust Me, I'M A Pragmatist: A Partially Pragmatic Critique Of Pragmatic Activism, Joshua Ulan Galperin
Trust Me, I'M A Pragmatist: A Partially Pragmatic Critique Of Pragmatic Activism, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
Pragmatism is a robust philosophy, vernacular hand waiving, a method of judicial and administrative decisionmaking, and, more recently, justification for a certain type of political activism. While philosophical, judicial, and administrative pragmatism have garnered substantial attention and analysis from scholars, we have been much stingier with pragmatic activism — that which, in the spirit of the 21st Century’s 140-character limit, I will call “pragtivism.” This Article is intended as an introduction to pragtivism, a critique of the practice, and a constructive framework for addressing some of my critiques.
To highlight the contours of pragtivism, this Article tells the story of …
Transforming (Perceived) Rigidity In Environmental Law Through Adaptive Governance, J.B. Ruhl, Hannah Gosnell, Brian C. Chaffin, Craig A. Arnold
Transforming (Perceived) Rigidity In Environmental Law Through Adaptive Governance, J.B. Ruhl, Hannah Gosnell, Brian C. Chaffin, Craig A. Arnold
Vanderbilt Law School Faculty Publications
The Endangered Species Act (ESA) is often portrayed as a major source of instability and crisis in river basins of the U. S. West, where the needs of listed fish species frequently clash with agriculture dependent on federal irrigation projects subject to ESA Section 7 prohibitions on federal agency actions likely to jeopardize listed species or adversely modify critical habitat. Scholarship on Section 7 characterizes the process as unwaveringly rigid, the legal hammer forcing federal agencies to consider endangered species needs when proposing operations and management plans for federally funded irrigation. In this paper, we identify barriers to an integrated …