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Adverse Modification Of The Endangered Species Act: Regulatory Impediment Or Tool?, Chuckie Sullivan 2017 University of Massachusetts School of Law

Adverse Modification Of The Endangered Species Act: Regulatory Impediment Or Tool?, Chuckie Sullivan

University of Massachusetts Law Review

In the past, the agencies charged with the implementation of the Endangered Species Act have shirked invoking the full range of regulatory tools at their disposal. They altered the structure of the Act in violation of Congressionally-granted authority to better accommodate both developmental and conservation interests. After a string of critical judicial decisions, the Services finally changed their implementation of the Act to parallel the protections envisioned by Congress. Though these changes will shift strength between provisions within the Act, they will not drastically alter the status quo by allowing the Services discretion in making judgments regarding the recovery of ...


Preventing A Risk/Risk Trade-Off: An Analysis Of The Measures Necessary To Increase U.S. Pollinator Numbers, Camila Acchiardo Vallejo 2017 Elisabeth Haub School of Law at Pace University

Preventing A Risk/Risk Trade-Off: An Analysis Of The Measures Necessary To Increase U.S. Pollinator Numbers, Camila Acchiardo Vallejo

Pace Environmental Law Review

This Note will proceed in four parts. Part II will discuss the importance of pollinators and the possible reasons for their declining numbers. Part III will delve into the current and proposed actions to increase pollinator populations that are taking place in the United States. Part IV will then discuss the generally desired and widely accepted solution: a ban on neonicotinoids. This Part will introduce the implementation and results of a neonicotinoid ban in the European Union, and the risk/risk trade-off presented by a neonicotinoid ban. Finally, Part V will compile the solutions discussed in Parts III and IV ...


Policy Preference: An Unreasonable Means To Advance Moot Claims Under The Endangered Species Act, Molly McGrath 2017 Boston College Law School

Policy Preference: An Unreasonable Means To Advance Moot Claims Under The Endangered Species Act, Molly Mcgrath

Boston College Environmental Affairs Law Review

Citizen plaintiffs play a vital role in the enforcement of the Endangered Species Act (“ESA”). In Strahan v. Roughead, the United States District Court for the District of Massachusetts opened the possibility for expansion of a citizen’s ability to impose its own policy preference upon federal agencies working to comply with their statutory requirements under the ESA. Although the District Court properly denied the defendant’s motion to dismiss on the basis of mootness, it erred in its rationale. A plaintiff’s claim under the ESA may survive a mootness challenge, even after the violating agency has reinitiated consultation ...


Call Me Ishimaru: Independent Enforcement Of International Agreements, John Arnold 2017 Boston College Law School

Call Me Ishimaru: Independent Enforcement Of International Agreements, John Arnold

Boston College Environmental Affairs Law Review

International law does not provide an adequate enforcement mechanism against illegal whaling. The Japanese government claims that its whaling practice falls within the scientific research exception of an international moratorium on commercial whaling. Despite an International Court of Justice ruling finding that its practice does not fall within this exception, Japan has continued to kill thousands of whales each year with no effective opposition. The area in which this whaling occurs, however, falls outside the jurisdiction of any nation. Although the United Nations Security Council has the authority to act, the delicate nature of international diplomacy effectively ties its members ...


Bigger Than Blackfish: Lessons From Captive Orcas Demonstrate A Larger Problem With Animal Welfare Laws, Kaitlin Vigars 2017 Boston College Law School

Bigger Than Blackfish: Lessons From Captive Orcas Demonstrate A Larger Problem With Animal Welfare Laws, Kaitlin Vigars

Boston College Environmental Affairs Law Review

Recently, increased attention to the care that captive orcas receive at marine life parks has sparked a call for reform of the public display industry. In the face of this public outcry the nation’s leading marine life park, SeaWorld, recently announced a shift in company policy that will eventually end the practice of holding orcas in captivity. This, though, does not signal the end of problem. Many other animals face problems that are analogous to the exact issues that sparked change for captive orcas. This note will argue that broad reform of captivity standards are necessary and should include ...


Zuchtvieh-Export Gmbh V. Stadt Kempten: The Tension Between Uniform, Cross-Border Regulation And Territorial Sovereignty, David Mahoney 2017 Boston College Law School

Zuchtvieh-Export Gmbh V. Stadt Kempten: The Tension Between Uniform, Cross-Border Regulation And Territorial Sovereignty, David Mahoney

Boston College International and Comparative Law Review

In Zuchtvieh-Export GmbH v. Stadt Kempten, the European Court of Justice ruled that a European Council regulation that protects animal welfare during transport applies to the stages of a journey outside of the European Union (EU), if that journey commenced within the EU. This ruling by the European Court of Justice has been praised as it improves animal transport conditions outside of the EU. However, transport companies and governments outside of the EU are less welcoming of the ruling. The ruling highlights the difficulty in determining when and how such a regulation should be applied abroad. It also raises the ...


Defenders Of Wildlife V. Zinke, Jacob R. Schwaller 2017 Alexander Blewett III School of Law at the University of Montana, Missoula

Defenders Of Wildlife V. Zinke, Jacob R. Schwaller

Public Land and Resources Law Review

Wyoming was the final holdout of protections for wolves under the Endangered Species Act, and a recent decision by the United States Circuit for the District of Columbia has finally overturned those protections. After years of court battles, this decision marks the final adjudication removing federal protections, and places the management of the wolves in the Greater Yellowstone Area back in the hands of the states surrounding Yellowstone National Park. Complete deference to state regulatory systems may be a new trend in the adjudication of cases under the ESA, and this case could have significant impacts on future deference given ...


Migratory Waterbird Conservation At The Flyway Level: Distilling The Added Value Of Aewa In Relation To The Ramsar Convention, Melissa Lewis 2017 Tilburg University, Netherlands

Migratory Waterbird Conservation At The Flyway Level: Distilling The Added Value Of Aewa In Relation To The Ramsar Convention, Melissa Lewis

Pace Environmental Law Review

In June 1995, the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) was adopted, and this instrument remains the only legally binding waterbird Agreement in the CMS Family. However, while AEWA has been lauded as a very promising instrument, the concern has also been raised that the Agreement “has a large potential scope for the duplication of obligations, especially with regard to the protection of wetland habitats, given the operation of the Ramsar Convention”. The existing literature thus recognizes that overlap between AEWA and the Ramsar Convention is potentially problematic. It fails, however, to provide a detailed analysis of ...


Python Crossing Prohibited: The Interplay Of Ethics, Aesthetics, Regulation, And Industry Transformation In The Luxury Apparel Market, Sophia Mossberg 2017 College of William & Mary Law School

Python Crossing Prohibited: The Interplay Of Ethics, Aesthetics, Regulation, And Industry Transformation In The Luxury Apparel Market, Sophia Mossberg

William & Mary Environmental Law and Policy Review

No abstract provided.


The Continuing Saga Of Wild Horse Management: Finding A Balance In The Case Of One Of America’S Iconic Symbols, Elspeth Visser 2017 College of William & Mary Law School

The Continuing Saga Of Wild Horse Management: Finding A Balance In The Case Of One Of America’S Iconic Symbols, Elspeth Visser

William & Mary Environmental Law and Policy Review

No abstract provided.


Preempting Humanity: Why National Meat Ass'n V. Harris Answered The Wrong Question, Pamela Vesilind 2017 University of Maine School of Law

Preempting Humanity: Why National Meat Ass'n V. Harris Answered The Wrong Question, Pamela Vesilind

Maine Law Review

The 2011-12 Supreme Court term was notable for high profile cases about state undocumented immigrant law, GPS-enabled police searches,chronic liars claiming military honors, and the constitutionality of the Affordable Health Care Act. As such, it is unsurprising that the decision in National Meat Ass’n v. Harris,notable for its unanimity and matter-of-fact concision, received relatively little attention from the media or the academy. Nevertheless, National Meat is a bellwether federalism opinion, the significance of which has been widely overlooked. At first blush, the legal question in National Meat appeared to be relatively unremarkable: whether the USDA’s slaughterhouse ...


When Fox And Hound Legislate The Hen House: A Nixon-In-China Moment For National Egg-Laying Standards?, Lucinda Valero, Will Rhee 2017 University of Maine School of Law

When Fox And Hound Legislate The Hen House: A Nixon-In-China Moment For National Egg-Laying Standards?, Lucinda Valero, Will Rhee

Maine Law Review

It is no secret that the vast majority of American eat animals and animal products. Because of the popularity of animals and animal products as food, “foxes”—agricultural producers—have long struggled against “hounds”—animal welfare advocacy groups—to influence the popular American appetite. This essay focuses upon one such fox, the United Egg Producers (UEP), the nation’s largest egg farmer organization, and one such hound, the Humane Society of the United States (HSUS), the nation’s largest animal advocacy organization. JSUS had already outmaneuvered UEP by successfully swaying popular opinion in California, Michigan, Ohio, Oregon, an Washington to ...


Whatever Happened To The "Fankenfish"?: The Fda's Foot-Dragging On The Transgenic Salmom, Lars Noah 2017 University of Maine School of Law

Whatever Happened To The "Fankenfish"?: The Fda's Foot-Dragging On The Transgenic Salmom, Lars Noah

Maine Law Review

AquaBounty Technologies has genetically modified the Atlantic salmon through the introduction of a growth hormone gene from the Chinook salmon, which allows the fish to reach market size almost twice as quickly as its farmed counterparts. The research began more than two decades ago. The company secured licenses for the patents that emerged out of this research, and its plans to commercialize the transgenic salmons (branded “AquAdvantage”) took shape more than a decade ago. In late 2010, the U.S. Food and Drug Administration (FDA) appeared to be on the verge of authorizing production, but, more than two years later ...


Alaska Oil & Gas Association V. Pritzker, Benjamin W. Almy 2017 Alexander Blewitt III School of Law at the University of Montana

Alaska Oil & Gas Association V. Pritzker, Benjamin W. Almy

Public Land and Resources Law Review

In Alaska Oil & Gas Association v. Pritzker, the Ninth Circuit reversed the United States District Court for the District of Alaska’s decision to strike down the National Marine Fisheries Service’s (“NMFS”) listing of distinct population segments of the Pacific bearded seal. The court determined that the NMFS was in full compliance with the requirements of the Endangered Species Act and squarely rejected the district court’s demand for highly specific data pertaining to the projected effects of climate change on the bearded seal.


Rethinking Western Water Law: Instream Flows, Reed D. Benson 2017 Selected Works

Rethinking Western Water Law: Instream Flows, Reed D. Benson

Reed D. Benson

Presenter: Reed D. Benson, University of New Mexico School of Law 1 page.


Safari Club International V. Jewell, Jacob Schwaller 2017 University of Montana, Missoula

Safari Club International V. Jewell, Jacob Schwaller

Public Land and Resources Law Review

Safari Club International and the National Rifle Association brought this challenge to the U.S. Fish and Wildlife Service’s suspension of elephant trophy imports from 2014 forward. Both parties brought cross motions for summary judgment. In a recent memorandum opinion, the D.C. Federal District Court found that, although there was a minor procedural error on the part of the Service, an extended ban on Zimbabwean elephant trophies by the U.S. Fish and Wildlife Service was in large part compliant with their mandate under the Convention on International Trade in Endangered Species of Wild Flora and Fauna and ...


Sensitizing Humans To Fish Sentience, Kelly Levenda 2017 Animal Legal Defense Fund

Sensitizing Humans To Fish Sentience, Kelly Levenda

Animal Sentience: An Interdisciplinary Journal on Animal Feeling

Although fish can feel pain and suffer, they are not often protected legally. Jonathan Balcombe’s What a Fish Knows provides a timely and important contribution to the literature on animal cognition and sentience. By explaining their personalities and capabilities, Balcombe brings much needed public attention to fish and advances the principle that they need and deserve protection.


A Bird In The Hand: Shotguns, Deadly Oil Pits, Cute Kittens, And The Migratory Bird Treaty Act, Samuel J. Panarella 2017 Alexander Blewett III School of Law at the University of Montana

A Bird In The Hand: Shotguns, Deadly Oil Pits, Cute Kittens, And The Migratory Bird Treaty Act, Samuel J. Panarella

Faculty Law Review Articles

This Article is presented in three parts. Part I describes the modern application (and misapplication) of the MBTA and briefly sets out the history of the Act, including the widespread, indiscriminate killing of migratory birds for food and fashion in the 19th century that first spurred Congress to act. Building off this history and the clear Congressional intent behind the MBTA to criminalize industrial activities directed at killing birds, Part II sorts human-caused bird killing activities into three categories and proposes the appropriate MBTA liability treatment for each category based both on the original purpose of the Act and on ...


Living With Owning, Matt Ampleman, Douglas A. Kysar 2016 Yale Law School

Living With Owning, Matt Ampleman, Douglas A. Kysar

Indiana Law Journal

In October, 2011, Terry Thompson committed suicide by gunshot after cutting open the cages of fifty-six exotic animals on his farm in Zanesville, Ohio. Fearing for pub-lic safety, law enforcement officers systematically hunted down the escaped animals in an episode that garnered international attention and prompted renewed discus-sion of the propriety of exotic animal ownership. This Article retells and discusses the circumstances surrounding Terry Thompson’s unhinging, applying frameworks of legal theory, chiefly in the realm of property law, to assess the fabric that held Thompson’s delicate system together and the tensions that led to its unravelling. As an ...


2016 Study Of Current Conditions Of Kentucky County Animal Shelters And Degree Of Compliance With Kentucky Animal Shelter Laws, Cynthia L. Gaskill, Rachel Cullman-Clark, Liane Lachiewicz, Matt Lamarre, Brad Rohleder, Kristin Sadler, Rachel Sparling, Craig N. Carter 2016 University of Kentucky

2016 Study Of Current Conditions Of Kentucky County Animal Shelters And Degree Of Compliance With Kentucky Animal Shelter Laws, Cynthia L. Gaskill, Rachel Cullman-Clark, Liane Lachiewicz, Matt Lamarre, Brad Rohleder, Kristin Sadler, Rachel Sparling, Craig N. Carter

Veterinary Science Reports

Kentucky’s county animal shelter conditions have not been studied for over 20 years. Major goals of this study were to assess current conditions in Kentucky’s county shelters and determine the degree of compliance with Kentucky shelter laws. Additional information was gathered to determine the major problems and needs identified by shelter personnel and researchers. Data was used to determine if additional state funds or refinements and additions to current laws are warranted to ensure humane care of animals in Kentucky’s county shelters. Researchers consisted of a group of 6 veterinary students who traveled to all Kentucky county ...


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