Open Access. Powered by Scholars. Published by Universities.®

Natural Resources Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Natural Resources Law

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 this debate, conservation of …


Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker Oct 2018

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 …


Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta Sep 2017

Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta

Public Land & Resources Law Review

No abstract provided.


Harm Means Harm: Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon, Laurie M. Stone Oct 2012

Harm Means Harm: Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon, Laurie M. Stone

Pepperdine Law Review

No abstract provided.


Slow On The Trigger: The Department Of Fisheries And Oceans, The Fisheries Act And The Canadian Environmental Assessment Act, Arlene Kwasniak Oct 2004

Slow On The Trigger: The Department Of Fisheries And Oceans, The Fisheries Act And The Canadian Environmental Assessment Act, Arlene Kwasniak

Dalhousie Law Journal

The federal Department of Fisheries and Oceans plays an Important role in protecting fish and fish habitat in Canada, primarily under the Fisheries Act. Section 5 of the Canadian Environmental Assessment Act requires an environmental assessment when the Department takes certain actions under the Fisheries Act. In the past few years environmental interests have taken the Department to task claiming that it has circumvented assessment. The alleged circumvention occurs when proponents of projects that will harm fish habitat, in consultation with the Department, revamp the project to avoid harm, and the Department issues a letter of advice to the proponent …