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Protecting The Delta Smelt: Environmental Organizations Have Standing To Enforce The Endangered Species Act’S Consultation Requirement, Alexandra Shalom 2016 Boston College Law School

Protecting The Delta Smelt: Environmental Organizations Have Standing To Enforce The Endangered Species Act’S Consultation Requirement, Alexandra Shalom

Boston College Environmental Affairs Law Review

In January 1993, the U.S. Fish & Wild Life Service (“FWS”) added the delta smelt, a small, silvery blue fish, to the Endangered Species Act’s (“ESA”) list of threatened wildlife. Species on the list are entitled to the ESA’s protections. In Natural Resource Defense Council v. Jewell, the Natural Resource Defense Council (“NRDC”) brought an action against the Bureau of Reclamation (the “Bureau”) for violating Section 7(a)(2) of the ESA, the consultation requirement, to protect the delta smelt. The consultation provision required the Bureau to consult with the FWS before it renewed contracts that controlled water ...


The Legal Rights Of All Living Things, Stacey L. Gordon 2016 Alexander Blewett III School of Law at the University of Montana

The Legal Rights Of All Living Things, Stacey L. Gordon

Faculty Journal Articles & Other Writings

This article explores the nuances in the development of environmental standing, looking especially at the cases that can inform animal law. Because animals are part of the natural environment and some statutes protecting animals, like the ESA and MMPA, are often characterized as environmental law statutes, several of the critical cases are already animal law cases, including the fundamental case of Lujan v. Defenders of Wildlife.12 For the purposes of understanding the development of standing for natural objects, Part I examines these cases in addition to traditional environmental standing cases. Part II addresses the lessons learned from those cases ...


Self-Harm In Laboratory-Housed Primates: Where Is The Evidence That The Animal Welfare Act Amendment Has Worked?, Jonathan Balcombe, Hope Ferdowsian, Debra Durham 2016 Physicians Committee for Responsible Medicine

Self-Harm In Laboratory-Housed Primates: Where Is The Evidence That The Animal Welfare Act Amendment Has Worked?, Jonathan Balcombe, Hope Ferdowsian, Debra Durham

Jonathan Balcombe, Ph.D.

The 1985 amendment to the United States Animal Welfare Act (AWA) to promote psychological well being of primates in the laboratory represents an acknowledgment of an important welfare problem concerning nonhuman animals. How effective has this amendment been? Perhaps the best-known contributor to psychological distress in primates in the laboratory is nonsocial housing; yet, available analyses suggest that little progress has been made in avoiding single-caging of these animals. Another way to assess psychological well being is to examine rates of self-abusive behavior in laboratory primates. If the AWA has been effective, then post-AWA self-harm rates might be lower than ...


Self-Harm In Laboratory-Housed Primates: Where Is The Evidence That The Animal Welfare Act Amendment Has Worked?, Jonathan Balcombe, Hope Ferdowsian, Debra Durham 2016 Physicians Committee for Responsible Medicine

Self-Harm In Laboratory-Housed Primates: Where Is The Evidence That The Animal Welfare Act Amendment Has Worked?, Jonathan Balcombe, Hope Ferdowsian, Debra Durham

Debra Durham, Ph.D.

The 1985 amendment to the United States Animal Welfare Act (AWA) to promote psychological well being of primates in the laboratory represents an acknowledgment of an important welfare problem concerning nonhuman animals. How effective has this amendment been? Perhaps the best-known contributor to psychological distress in primates in the laboratory is nonsocial housing; yet, available analyses suggest that little progress has been made in avoiding single-caging of these animals. Another way to assess psychological well being is to examine rates of self-abusive behavior in laboratory primates. If the AWA has been effective, then post-AWA self-harm rates might be lower than ...


Focusing On Human Responsibility Rather Than Legal Personhood For Nonhuman Animals, Richard L. Cupp Jr. 2016 Pepperdine University School of Law

Focusing On Human Responsibility Rather Than Legal Personhood For Nonhuman Animals, Richard L. Cupp Jr.

Pace Environmental Law Review

We should focus on human legal accountability for responsible treatment of nonhuman animals rather than radically restructuring our legal system to make them legal persons. This essay, provided at the kind invitation of the Pace Environmental Law Review (PELR) and Steven Wise, President of the Nonhuman Rights Project, Inc., outlines a number of concerns about animal legal personhood. It does so primarily in the context of the plaintiff’s brief in The Nonhuman Rights Project, Inc. v. Lavery, filed in the New York Supreme Court, New York County. The first Lavery lawsuit (Lavery I) was filed in Fulton County in ...


Gray Area: Court Of Arbitration For Sport Says Neigh To Reconsidering Strict Liability For Equestrian Sport, Mary Zoeller 2016 Villanova University Charles Widger School of Law

Gray Area: Court Of Arbitration For Sport Says Neigh To Reconsidering Strict Liability For Equestrian Sport, Mary Zoeller

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Trouble On The High Seas: A Need For Change In The Wake Of Australia V. Japan, Matt DiCenso 2016 Boston College Law School

Trouble On The High Seas: A Need For Change In The Wake Of Australia V. Japan, Matt Dicenso

Boston College International and Comparative Law Review

On March 31, 2014, the International Court of Justice (ICJ) held that Japan’s whaling program, known as JARPA II, lacked scientific merit and thus violated three provisions of the Schedule to the International Convention for the Regulation of Whaling (ICRW). This victory for whale conservationists was short-lived, however, as Japan, ignoring procedural safeguards put in place by the International Whaling Commission (IWC), soon announced its plan to launch a new whaling program in conformity with both the ICJ’s decision and the ICRW. Japan’s course of action highlights not only the limited applicability of the ICJ’s judgment ...


Habeas For Homo Troglodytes, Aram Hauslaib 2016 Golden Gate University School of Law

Habeas For Homo Troglodytes, Aram Hauslaib

GGU Law Review Blog

The chimpanzee is the human’s closest living relative. In fact, chimps are closer to humans than to gorillas or orangutans. Given this, there are those who propose chimpanzees be reclassified to the human genus, Homo, giving them the scientific name Homo troglodytes. The change in the classification could prove critical, as the rights held by men and women today have repeatedly hinged on how they were defined.


"We're Gonna Need A Bigger Boat": How Federal Regulations Of Shark Fishing Tournaments Could Shift The Tides Of Conservation Initiatives, Ashley D. Keefer 2016 Villanova University Charles Widger School of Law

"We're Gonna Need A Bigger Boat": How Federal Regulations Of Shark Fishing Tournaments Could Shift The Tides Of Conservation Initiatives, Ashley D. Keefer

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


A Public Policy Toward The Management Of Feral Cats, Shawn Gorman, Julie Levy 2016 Franklin Pierce Law Center

A Public Policy Toward The Management Of Feral Cats, Shawn Gorman, Julie Levy

University of New Hampshire Law Review

[Excerpt] "There is an ongoing debate concerning the environmental impacts and appropriate control measures for the domestic cat population. Domestic cats have become America’s most popular choice for pets, and an estimated 9-12% of households feed “free-roaming” neighborhood cats. Almost 40% of the estimated seventy million cats in the United States may live a free roaming lifestyle without control of reproduction. With a seasonally polyestrus breeding structure and isolated from human influences, feral cats have acclimated to several habitats ranging from sub-Antarctic islands and urban settings to temperate farmlands. Because cats have been domesticated by humans and transported throughout ...


Coastal Conservation Association V. United States Department Of Commerce, Taylor R. Thompson 2016 Alexander Blewett III School of Law at the University of Montana

Coastal Conservation Association V. United States Department Of Commerce, Taylor R. Thompson

Public Land and Resources Law Review

The Eastern Louisiana District Court upheld Amendment 40 to the Gulf of Mexico Fishery Management Council’s Reef Management Plan. The court held that the Gulf Council and the National Marine Fisheries Service’s proposed rule establishing fishing quotas for the red snapper met all of the statutory guidelines imposed under the Magnusson-Stevens Act.


An Animal Victim's Best Chance: Veterinary Legal Duty To Report Cruelty In The U.S., Lora Dunn 2016 Animal Legal Defense Fund

An Animal Victim's Best Chance: Veterinary Legal Duty To Report Cruelty In The U.S., Lora Dunn

Animal Sentience: An Interdisciplinary Journal on Animal Feeling

Legislation throughout the U.S. recognizes animal sentience and the importance of veterinary reporting to combat the ongoing suffering of these animal victims: All 50 states have felony penalties available for animal cruelty crimes, and veterinary reporting is permitted or required in the majority of states. The remaining minority of U.S. states should take action to require veterinarians to report animal cruelty and render veterinarians immune for good faith reporting.


Metro Nashville Animal Seizure Authority Memorandum Opinion.Pdf, Daniel Horwitz 2016 Selected Works

Metro Nashville Animal Seizure Authority Memorandum Opinion.Pdf, Daniel Horwitz

Daniel A. Horwitz

Neither the United States Constitution nor the Tennessee Constitution prohibits warrantless searches or seizures under circumstances when immediate intervention is necessary to save the life of an animal.  Similarly, as a general matter, due process is not offended by impounding an animal prior to a hearing so long impoundment is necessary to respond to an emergency situation and so long as the animal’s owner is promptly afforded a post-impoundment hearing.  Accordingly, Metro law enforcement officials are well within their authority to take immediate action to rescue dogs and other animals that are being abused, mistreated or maintained in dangerous ...


Has Blue Overshadowed Green?: The Ecological Need To Eradicate Hunting Blue Laws, Allie Humphreys 2016 College of William & Mary Law School

Has Blue Overshadowed Green?: The Ecological Need To Eradicate Hunting Blue Laws, Allie Humphreys

William & Mary Environmental Law and Policy Review

No abstract provided.


Don't Be Cruel (Anymore): A Look At The Animal Cruelty Regimes Of The United States And Brazil With A Call For A New Animal Welfare Agency, David N. Cassuto, Cayleigh Eckhardt 2016 Pace Law School

Don't Be Cruel (Anymore): A Look At The Animal Cruelty Regimes Of The United States And Brazil With A Call For A New Animal Welfare Agency, David N. Cassuto, Cayleigh Eckhardt

Boston College Environmental Affairs Law Review

In the United States and around the world, animals exploited for human use suffer cruel and needless harm. The group bearing the brunt of this exploitation— agricultural animals—is routinely exempted from the largely ineffective and rarely enforced animal welfare and anti-cruelty regulations that exist today. This Article offers a comparative analysis of the agricultural animal welfare regimes of two countries with globally significant presence in the agriculture industry: the United States and Brazil. Even though the two countries approach agricultural animal welfare differently, they arrive at the same outcome: institutionalized indifference to animal suffering. To remedy the current regulatory ...


The Business And Ethics Of Laying Hens: California's Groundbreaking Law Goes Into Effect On Animal Confinement, Valerie J. Watnick 2016 Baruch College

The Business And Ethics Of Laying Hens: California's Groundbreaking Law Goes Into Effect On Animal Confinement, Valerie J. Watnick

Boston College Environmental Affairs Law Review

In the United States, most laying hens are routinely subjected to cruel treatment and forced to live in such extreme confinement that they are unable to fully extend their limbs or turn around. In 2008, California took a stand against these inhumane practices by enacting the Prevention of Farm Animal Cruelty Act, also known as Proposition 2, which banned the use of inordinately small “battery cages” to house laying hens. In 2010, California passed an amendment to Proposition 2, requiring all eggs sold within California, regardless of where they are produced, to comply with the new law. Other states have ...


The Procedural Impact Of An Environmental Impact Statement On Judicial Review, Ashley Poon 2016 Boston College Law School

The Procedural Impact Of An Environmental Impact Statement On Judicial Review, Ashley Poon

Boston College Environmental Affairs Law Review

On a sunny summer day in 2014, Drakes Bay Oyster Company closed its doors to the public, admitting defeat in a years-long fight with the Department of the Interior over the renewal of its operating permit. The Secretary of the Interior believed that the region’s designation as “potential wilderness” under the Point Reyes Wilderness Act, along with public policy considerations, obligated him to decline renewal of the permit. In producing an Environmental Impact Statement regarding the impact of closing the farm, the Secretary procedurally insulated his agency decision from later judicial review in Drakes Bay Oyster Company v. Jewell.


Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood 2016 Pacific Legal Foundation

Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood

Pace Environmental Law Review

Following the introduction, part II of this article will provide a brief background on the adoption of the Endangered Species Act. Part III will explain that the statute does not authorize the agencies to extend the take prohibition to all threatened species. Part IV will argue that returning to the statutory scheme would result in a fairer distribution of the costs of species protection by imposing the costs of prophylactic protection on agencies and the public generally. Burdening individuals would be a last resort, as Congress intended. Finally, Part V will identify how Congress’ policy is a reasonable way to ...


Civil Liability For Injuries Caused By Dogs After Tracey V. Solesky: New Path To The Future Or Back To The Past?, 40 Seton Hall Legis. J. 29 (2016), Alberto Bernabe 2016 John Marshall Law School

Civil Liability For Injuries Caused By Dogs After Tracey V. Solesky: New Path To The Future Or Back To The Past?, 40 Seton Hall Legis. J. 29 (2016), Alberto Bernabe

Faculty Scholarship

No abstract provided.


Don't Be Cruel (Anymore): A Look At The Animal Cruelty Regimes Of The United States And Brazil With A Call For A New Animal Welfare Agency, David N. Cassuto 2016 Elisabeth Haub School of Law at Pace University

Don't Be Cruel (Anymore): A Look At The Animal Cruelty Regimes Of The United States And Brazil With A Call For A New Animal Welfare Agency, David N. Cassuto

Pace Law Faculty Publications

In the United States and around the world, animals exploited for human use suffer cruel and needless harm. The group bearing the brunt of this exploitation--agricultural animals--is routinely exempted from the largely ineffective and rarely enforced animal welfare and anti-cruelty regulations that exist today. This Article offers a comparative analysis of the agricultural animal welfare regimes of two countries with globally significant presence in the agriculture industry: the United States and Brazil. Even though the two countries approach agricultural animal welfare differently, they arrive at the same outcome: institutionalized indifference to animal suffering. To remedy the current regulatory structure, this ...


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