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California Sea Urchin Commission V. Bean, Thomas C. Mooney-Myers 2018 Alexander Blewett III School of Law at the University of Montana

California Sea Urchin Commission V. Bean, Thomas C. Mooney-Myers

Public Land and Resources Law Review

In California Sea Urchin Commission v. Bean, the Ninth Circuit upheld the Fish and Wildlife Service’s decision to end an experimental sea otter colony and translocation program. Commercial fishing groups sought reversal of the decision due to their interest in maintaining the translocation program which reduced otter predation on commercially valuable shellfish. While the Ninth Circuit held the group had standing, it then applied the Chevron test and determined the agency’s actions were reasonable.


Buffalo Field Campaign V. Zinke, Hallee C. Kansman 2018 Alexander Blewett III School of Law at the University of Montana

Buffalo Field Campaign V. Zinke, Hallee C. Kansman

Public Land and 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.


Katrina To Maria: Pet Evacuation In The Eye Of The Storm, Tara Cooley 2018 Golden Gate University School of Law

Katrina To Maria: Pet Evacuation In The Eye Of The Storm, Tara Cooley

GGU Law Review Blog

In 2006, Congress passed the Pet Evacuation and Transportation Standards (PETS) Act, a landmark act for emergency preparedness. PETS requires a community’s emergency plan account for the needs of families with companion or service animals. PETS provided protection to pets and their families during Hurricane Sandy, Harvey, Irma, and Maria. The image of evacuation has changed a lot from Katrina to Harvey. Eicher, an evacuee during Hurricane Harvey, shouted to first responders, “We have two kids with down syndrome, a pig and a three-legged dog.” The first responder’s reply: “Sounds good, (let’s) do this.” During preparation for ...


Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen 2018 St. Mary's University School of Law

Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen

St. Mary's Law Journal

Abstract forthcoming


At Your Service! Assistance Animals And The Law In Michigan, Virginia C. Thomas 2018 Wayne State University

At Your Service! Assistance Animals And The Law In Michigan, Virginia C. Thomas

Library Scholarly Publications

No abstract provided.


What's All The Buzz About? Analyzing The Decision To List The Rusty Patched Bumblebee On The Endangered Species List, Christopher M. Lambe 2018 Villanova University Charles Widger School of Law

What's All The Buzz About? Analyzing The Decision To List The Rusty Patched Bumblebee On The Endangered Species List, Christopher M. Lambe

Villanova Environmental Law Journal

No abstract provided.


Some Reflections On Turtles, Tuna, Dolphin, And Shrimp, David A. Wirth 2018 Boston College Law School

Some Reflections On Turtles, Tuna, Dolphin, And Shrimp, David A. Wirth

David A. Wirth

No abstract provided.


Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor 2018 Alexander Blewett III School of Law at the University of Montana

Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor

Public Land and 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 ...


Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie McCarthy 2018 Barry University School of Law

Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie Mccarthy

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned 2018 Barry University School of Law

Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned

Environmental and Earth Law Journal (EELJ)

No abstract provided.


From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall 2018 Barry University School of Law

From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Rethinking "Imminent Harm" As It Relates To Asian Carp In Lake Michigan And Other Invasive Species, Philip S. Traynor 2018 Barry University School of Law

Rethinking "Imminent Harm" As It Relates To Asian Carp In Lake Michigan And Other Invasive Species, Philip S. Traynor

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Keeping That Doggie In The (Car) Window Safe: Recommendations For Driving With Canine Companions, Phyllis Coleman 2018 Shepard Broad College of Law

Keeping That Doggie In The (Car) Window Safe: Recommendations For Driving With Canine Companions, Phyllis Coleman

Pace Law Review

Part I of this article uses the empirical research of experts (animal behaviorists, ethologists, and cynologists) to explain reasons canine companions and their humans love riding together. It also highlights the potential risks when dogs distract drivers. Acknowledging that only a few studies exist, it provides whatever statistics are available and posits that data strongly suggest dogs who are roaming free in a car cause or at least contribute to many accidents. This means, in addition to drivers and passengers in other vehicles and even pedestrians, these animals represent a significant potential danger to themselves and occupants of their car ...


Clipping The Wings Of Industry: Uncertainty In Interpretation And Enforcement Of The Migratory Bird Treaty Act, Martha G. Vázquez 2018 Washington and Lee University School of Law

Clipping The Wings Of Industry: Uncertainty In Interpretation And Enforcement Of The Migratory Bird Treaty Act, Martha G. VáZquez

Washington and Lee Law Review Online

No abstract provided.


Beyond Rights And Welfare: Democracy, Dialogue, And The Animal Welfare Act, Jessica Eisen 2018 Harvard Law School

Beyond Rights And Welfare: Democracy, Dialogue, And The Animal Welfare Act, Jessica Eisen

University of Michigan Journal of Law Reform

The primary frameworks through which scholars have conceptualized legal protections for animals—animal “rights” and animal “welfare”—do not account for socio-legal transformation or democratic dialogue as central dynamics of animal law. The animal “rights” approach focuses on the need for limits or boundaries preventing animal use, while the animal “welfare” approach advocates balancing harm to animals against human benefits from animal use. Both approaches rely on abstract accounts of the characteristics animals are thought to share with humans and the legal protections they are owed as a result of those traits. Neither offers sustained attention to the dynamics of ...


The Fragile Menagerie: Biodiversity Loss, Climate Change, And The Law, James M. Chen 2018 Michigan State University College of Law

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 ...


Saving Species, One Individual At A Time: Zoo Veterinarians Between Welfare And Conservation, Irus Braverman 2018 University at Buffalo School of Law

Saving Species, One Individual At A Time: Zoo Veterinarians Between Welfare And Conservation, Irus Braverman

Journal Articles

The role of zoo veterinarians has changed significantly in the last several decades, reflecting and revealing broader transformations in zoo culture, especially among North American accredited zoos. This article draws on several interviews with prominent zoo vets, as well as on regulations that pertain to their work, to highlight their current position at the nexus of animal health and welfare, on the one hand, and of species conservation, on the other hand. The transformation of zoos into conservation institutions in particular has resulted in the vets’ novel focus on the sustainability of populations and their intensified involvement in in situ ...


The Department That Cried Wolf: Tenth Circuit Vacates Preliminary Injunction In Absence Of Likely Injury In New Mexico Department Of Game & Fish V. United States Department Of The Interior, Curtis Cranston 2018 Boston College Law School

The Department That Cried Wolf: Tenth Circuit Vacates Preliminary Injunction In Absence Of Likely Injury In New Mexico Department Of Game & Fish V. United States Department Of The Interior, Curtis Cranston

Boston College Law Review

In the 2017 case, New Mexico Department of Game & Fish v. United States Department of the Interior, the United States Court of Appeals for the Tenth Circuit held that the New Mexico Department of Game and Fish (“New Mexico Department”) was not entitled to a preliminary injunction that barred the United States Fish and Wildlife Service from releasing endangered Mexican gray wolves into the wild on federal lands within New Mexico. The Tenth Circuit held that the New Mexico Department did not show that irreparable injury to its wildlife management efforts or its state sovereignty was likely. The Tenth Circuit ...


Excessive Force, Police Dogs, And The Fourth Amendment In The Ninth Circuit: The Use Of Summary Judgement In Lowry V. City Of San Diego, Natasha Dobrott 2018 Boston College Law School

Excessive Force, Police Dogs, And The Fourth Amendment In The Ninth Circuit: The Use Of Summary Judgement In Lowry V. City Of San Diego, Natasha Dobrott

Boston College Law Review

On June 6, 2017, in Lowry v. City of San Diego, the U.S. Court of Appeals for the Ninth Circuit sitting en banc upheld a district court’s grant of summary judgment, dismissing a claim under 42 U.S.C. § 1983 for use of excessive force in violation of the Fourth Amendment to the U.S. Constitution, in the context of “bite and hold” training for police dogs. This Comment argues that although the use of force in Lowry may have been reasonable, the court was incorrect in deciding this question as a matter of law. The fact-intensive objective ...


Cognitively Impaired Human, Intelligent Animals, And Legal Personhood, Richard Cupp 2018 University of Florida Levin College of Law

Cognitively Impaired Human, Intelligent Animals, And Legal Personhood, Richard Cupp

Florida Law Review

This Article analyzes whether courts should grant legal personhood to intelligent animal species, such as chimpanzees, with a particular focus on comparisons made to cognitively impaired humans whom the law recognizes as legal persons even though they may have less practical autonomy than intelligent animals. Granting legal personhood would allow human representatives to initiate some legal actions with the animals as direct parties to the litigation, as the law presently allows for humans with cognitive impairments that leave them incapable of representing their own interests. For example, a human asserting to act on behalf of an intelligent animal might seek ...


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