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Subverting Congress' Intent: The Recent Misapplication Of Section 10 Of The Endangered Species Act And Its Consequent Impacts On Sensitive Wildlife And Habitat, William S. Eubanks II 2015 American University Washington College of Law

Subverting Congress' Intent: The Recent Misapplication Of Section 10 Of The Endangered Species Act And Its Consequent Impacts On Sensitive Wildlife And Habitat, William S. Eubanks Ii

Boston College Environmental Affairs Law Review

Section 9 of the Endangered Species Act, or the ESA, strictly prohibits any person or other entity from “taking” any endangered or threatened species, whether purposefully or incidentally. In section 10 of the ESA, Congress created two distinct permit mechanisms to allow the U.S. Fish and Wildlife Service, or FWS, to authorize take in certain limited circumstances—namely recovery permits for purely scientific research and incidental take permits, or ITPs, for non-scientific endeavors where such taking is incidental to, and not the purpose of, an otherwise lawful activity. Because scientific research benefitting the species at issue is not a ...


Bringing Southern Bluefin Tuna Back From The Brink: Enhancing Understanding Of The Scientific Process In The Western And Central Pacific Fisheries Commission, Chris Wold, Emi Kondo, Erika Hamilton 2015 Lewis & Clark Law School

Bringing Southern Bluefin Tuna Back From The Brink: Enhancing Understanding Of The Scientific Process In The Western And Central Pacific Fisheries Commission, Chris Wold, Emi Kondo, Erika Hamilton

Boston College Environmental Affairs Law Review

The Commission of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western Pacific Ocean, or the WCPFC, manages fish stocks of significant financial and ecological value across a vast area of the Pacific Ocean. WCPFC members, however, have disagreed sharply over management measures for tuna, sharks, and other species. These disagreements have arisen due to ambiguous text in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western Pacific Ocean regarding the roles of the Convention’s subsidiary bodies and providers of scientific advice. Some members argue that only ...


Essentially Reasonable?: Why The Ninth Circuit’S Decision In Native Village Of Point Hope Strays From The Purpose Of Nepa, Timothy Wright 2015 Boston College Law School

Essentially Reasonable?: Why The Ninth Circuit’S Decision In Native Village Of Point Hope Strays From The Purpose Of Nepa, Timothy Wright

Boston College Environmental Affairs Law Review

In Native Village of Point Hope v. Jewell, the U.S. Court of Appeals for the Ninth Circuit found that the Bureau of Ocean Energy Management did not have to include information on animal populations in its environmental impact statement (“EIS”) at the lease-sale stage of the Outer Continental Shelf Lands Act oil and gas development program. Federal agencies are required to complete an EIS before conducting a major federal action. This process ensures that decision-makers take a hard look at adverse environmental impacts. The Ninth Circuit concluded in Native Village of Point Hope that coverage of animal populations is ...


Budgetary Scapegoat: The U.S. Fish And Wildlife Service’S Inefficiency On Trial In Conservation Force V. Jewell, Andrew Bartholomew 2015 Boston College Law School

Budgetary Scapegoat: The U.S. Fish And Wildlife Service’S Inefficiency On Trial In Conservation Force V. Jewell, Andrew Bartholomew

Boston College Environmental Affairs Law Review

By the early 1980s, the population of the straight-horned markhor—a large, shaggy goat with impressive spiraling horns native to the mountains of Pakistan—had dipped so low that the U.S. Fish & Wildlife Service (“FWS”) classified it as endangered. But when a group of conservationists and hunters petitioned the FWS to have the animal reclassified from an endangered species to the lower protection level of threatened pursuant to the Endangered Species Act species protection regime, they were largely ignored. The group then sued the FWS in federal court to compel the Agency to perform its statutory duty. In Conservation ...


The Elephant In The Room, Troy B. Albert 2015 Lewis & Clark Law School

The Elephant In The Room, Troy B. Albert

Troy B Albert

Every 15 minutes, a poacher kills an elephant for its ivory. If this rate continues, the African elephant could become extinct in 20 years. Although federal law has strictly regulated the ivory market for several decades, the United States remains one of the largest markets for illegal wildlife products in the world. Because there are little to no enforcement mechanisms or verification processes by which to definitively distinguish legal from illegal ivory after reaching domestic markets, illegal ivory is easily mixed in with legal stocks. New regulations have been promulgated but are they enough?


The Elephant In The Room, Troy B. Albert 2015 Lewis & Clark Law School

The Elephant In The Room, Troy B. Albert

Troy B Albert

Every 15 minutes, a poacher kills an elephant for its ivory. If this rate continues, the African elephant could become extinct in 20 years. Although federal law has strictly regulated the ivory market for several decades, the United States remains one of the largest markets for illegal wildlife products in the world. Because there are little to no enforcement mechanisms or verification processes by which to definitively distinguish legal from illegal ivory after reaching domestic markets, illegal ivory is easily mixed in with legal stocks. New regulations have been promulgated but are they enough?


A Solution In Search Of A Problem: The Difficulty With State Constitutional "Right To Hunt" Amendments, Stacey Gordon 2015 University of Montana School of Law

A Solution In Search Of A Problem: The Difficulty With State Constitutional "Right To Hunt" Amendments, Stacey Gordon

Public Land and Resources Law Review

This article explores the facets of hunting amendments. Part I traces the legal history of protections for hunting, from early laws to preserve hunting for the people to modern hunter harassment statutes. Part II analyzes the forms of hunting amendments—some guarantee a right, others only recognize a heritage; some are fundamental rights, others are less strong; some are limited by private property rights, others are absolute. Nonetheless, they have a common source. Part III considers the impacts— possibly unintended consequences—of hunting amendments. Finally, Part IV suggests that while there are unrecognized common values between hunters and animal welfare ...


In Defense Of, Or Offensive To Farms? Hog Farming And The Changing American Agricultural Industry, Shi-Ling Hsu 2015 Florida State University College of Law

In Defense Of, Or Offensive To Farms? Hog Farming And The Changing American Agricultural Industry, Shi-Ling Hsu

Shi-Ling Hsu

American agriculture is inexorably concentrating into the hands of a small number of large conglomerates. Expanding farms pursuing scale economies would also normally have to abide by a system of environmental and other laws that would, in theory, require farms to account for negative externalities. If those laws were observed and enforced, they would help strike a balance between the greater profitability and the larger externalities of larger farms. But these laws are not widely observed and not rigorously enforced, upsetting this balance and giving large-scale farms a cost advantage while insulating them from corresponding responsibilities.

Perhaps nowhere in agriculture ...


Foie Gras Ban In California, Erica Williams Morris 2015 Golden Gate University School of Law

Foie Gras Ban In California, Erica Williams Morris

Golden Gate University Law Review

Section 25982 of the California Health and Safety Code was unsuccessfully challenged by one restaurant that served foie gras to customers for many years prior to the ban imposed by the statute. If the courts do not invalidate the statute, foie gras will be permanently banned in the state. The statute is unconstitutional, and if challenged correctly, the courts should so find. However, although foie gras production is very controversial, there are alternative methods that allow all interested parties have what they want: foie gras and happy birds.


Buzzkill: How The Epa’S Inaction Is Killing America’S Bees, Kelsey Ott 2015 College of William & Mary Law School

Buzzkill: How The Epa’S Inaction Is Killing America’S Bees, Kelsey Ott

William & Mary Environmental Law and Policy Review

No abstract provided.


The Elephant In The Room, Troy B. Albert 2015 Lewis & Clark Law School

The Elephant In The Room, Troy B. Albert

Troy B Albert

Despite some successes made under the Convention on International Trade in Endangered Species (“CITES” or the “Convention”), African elephants are prone to go extinct sometime in the 2020s. In 2014, President Barack Obama's administration rolled out new regulations in an effort to stem the crisis. Despite some gains, the new ivory regulations still do not adequately close domestic loopholes, provide necessary funding, reduce demand, or provide for public outreach or education.


The Elephant In The Room, Troy B. Albert 2015 Lewis & Clark Law School

The Elephant In The Room, Troy B. Albert

Troy B Albert

Despite some successes made under the Convention on International Trade in Endangered Species (“CITES” or the “Convention”), African elephants are prone to go extinct sometime in the 2020s. In 2014, President Barack Obama's administration rolled out new regulations in an effort to stem the crisis. Despite some gains, the new ivory regulations still do not adequately close domestic loopholes, provide necessary funding, reduce demand, or provide for public outreach or education.


Environment - Endangered Species - Extraterritorial Application Of The Endangered Species Act Of 1973. Defenders Of Wildlife V. Lujan, 911 F.2d 117 (8th Cir. 1990), Cert. Granted, Lujan V. Defenders Of Wildlife, 111 S. Ct. 2008 (1991)., Jeffery P. Robbins 2014 University of Georgia School of Law

Environment - Endangered Species - Extraterritorial Application Of The Endangered Species Act Of 1973. Defenders Of Wildlife V. Lujan, 911 F.2d 117 (8th Cir. 1990), Cert. Granted, Lujan V. Defenders Of Wildlife, 111 S. Ct. 2008 (1991)., Jeffery P. Robbins

Georgia Journal of International & Comparative Law

No abstract provided.


Whale For Sale?: New Developments In The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Kevin Eldridge 2014 University of Georgia School of Law

Whale For Sale?: New Developments In The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Kevin Eldridge

Georgia Journal of International & Comparative Law

No abstract provided.


Solution Or Stumbling Block?: Biological Engineering And The Modern Extinction Crisis, Caroline P. Rogers 2014 University of Georgia School of Law

Solution Or Stumbling Block?: Biological Engineering And The Modern Extinction Crisis, Caroline P. Rogers

Georgia Journal of International & Comparative Law

No abstract provided.


Losing The Elephant Wars: Cites And The "Ivory Ban", Scott Hitch 2014 University of Georgia School of Law

Losing The Elephant Wars: Cites And The "Ivory Ban", Scott Hitch

Georgia Journal of International & Comparative Law

No abstract provided.


Ag-Gag Laws: A Shift In The Wrong Direction For Animal Welfare On Farms, Larissa Wilson 2014 Golden Gate University School of Law

Ag-Gag Laws: A Shift In The Wrong Direction For Animal Welfare On Farms, Larissa Wilson

Golden Gate University Law Review

This Comment argues that ag-gag laws are roadblocks to the creation, enforcement, and expansion of animal cruelty laws. Part I provides background on the development of farming, current farming conditions, and the implications of farm conditions for consumers. It also gives a brief history of undercover investigative reporting and the ag-gag laws that have followed. Part II explains how ag-gag laws prevent the creation of effective animal welfare statutes by limiting the public awareness that leads directly to the establishment of new anti-cruelty measures. Part III explains that ag-gag legislation obstructs the enforcement of animal welfare statutes because these measures ...


Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright 2014 University of Georgia School of Law

Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright

Georgia Journal of International & Comparative Law

No abstract provided.


Turtle Power Down Under The Sea?: Comparative Domestic And International Legal Protection Of Marine Turtles By Australia And The United States, Marjorie Palmer 2014 University of Georgia School of Law

Turtle Power Down Under The Sea?: Comparative Domestic And International Legal Protection Of Marine Turtles By Australia And The United States, Marjorie Palmer

Georgia Journal of International & Comparative Law

No abstract provided.


Fraud And First Amendment Protections Of False Speech: How United States V. Alvarez Impacts Constitutional Challenges To Ag-Gag Laws, Larissa U. Liebmann 2014 Potomac Riverkeeper

Fraud And First Amendment Protections Of False Speech: How United States V. Alvarez Impacts Constitutional Challenges To Ag-Gag Laws, Larissa U. Liebmann

Pace Environmental Law Review

This article first explains the background and functions of undercover investigations of agricultural production facilities, and explains the bases upon which states pass laws intended to prevent these investigations. It then gives a background of research already conducted on the constitutionality of Ag-Gag laws, and examines the relevance of the Supreme Court case Alvarez. Based on the analysis provided in Alvarez, the article demonstrates that Ag-Gag laws would not be exempt from heightened First Amendment scrutiny as fraud statutes. Moreover, it demonstrates that, in particular, the Iowa and Utah Ag-Gag laws would not survive the heightened scrutiny outlined in Alvarez.


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