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The Death Of The Duty To Apply: Limitations To Cafo Oversight Following Waterkeeper & National Pork Producers, William M. McLaren 2014 Lewis & Clark Law School

The Death Of The Duty To Apply: Limitations To Cafo Oversight Following Waterkeeper & National Pork Producers, William M. Mclaren

Will McLaren

Should regulators have an affirmative burden to show industrial livestock facilities are polluting before imposing permit requirements, or should facility owners have a duty to apply for permits? This article analyzes that question in the context of water quality permitting and the concentrated livestock industry, with an emphasis on permitting regimes under the Clean Water Act (CWA).

Concentrated animal feeding operations (CAFOs) have, in the past decade, received a decisive answer to the above inquiry. In Waterkeeper Alliance v. EPA and National Pork Producers v. EPA, two federal appellate courts determined that CAFOs have no duty to apply for a ...


Who’S Afraid Of The Big Bad Half-Wolf? A Paper Examining The Question Of How States Should Regulate Wolf-Hybrids., George R. Holton 2014 The George Washington University Law School

Who’S Afraid Of The Big Bad Half-Wolf? A Paper Examining The Question Of How States Should Regulate Wolf-Hybrids., George R. Holton

George R Holton

In recent years there have been two growing trends. First, the trend of municipalities banning the ownership of a variety of dog breeds, particularly the dogs commonly referred to as “pit bulls”. There is also a growing trend in the ownership of what are called “wolf-hybrids”, animals that are bred by mixing wild wolves with domesticated dogs. As this ownership has continued to grow, municipalities are searching for ways to control what many see as ownership of animals they consider to be wild. This raises several questions. First, what exactly makes a hybrid animal a hybrid animal? Second, what biological ...


Environmental Law And International Trade: Public Morality As A Tool For Advancing Animal Rights, Chad J. McGuire 2014 University of Massachusetts, Dartmouth

Environmental Law And International Trade: Public Morality As A Tool For Advancing Animal Rights, Chad J. Mcguire

Chad J McGuire

This chapter analyzes the use of public morality as a defense to inter- national obligations. It considers whether and under what circumstances a nation is required to adhere to international agreements when those agree- ments involve morally questionable practices against animals. A case study of the current World Trade Organization (WTO) complaint by Canada and certain Scandinavian countries against the European Union’s (EU’s) import ban of certain seal products is examined to illustrate this inquiry. 


Landmark Ruling On Whaling From The International Court Of Justice, Mark P. Simmonds 2014 Animal Studies Repository

Landmark Ruling On Whaling From The International Court Of Justice, Mark P. Simmonds

Mark P. Simmonds, O.B.E.

On 31 March 2014, the International Court of Justice (ICJ) ruled that Japan’s whaling activities in Antarctica did not comply with Article VIII of the International Convention for the Regulation of Whaling (ICRW), which permits whaling for scientific purposes. Copious and confusing media commentary followed the decision. This included seemingly conflicting reports from within Japan, which initially indicated whole-hearted compliance with the ruling, which required this whaling to cease, but later suggested that implementation by Japan might be limited to a brief halt followed by a launch of a new Antarctic ‘research’ programme including lethal take.


The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin Taylor, Kieran Suckling, Jeffrey Rachlinski 2014 National Parks Association of Queensland

The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin Taylor, Kieran Suckling, Jeffrey Rachlinski

Jeffrey J Rachlinski

Population trends for 1095 species listed as threatened and endangered under the Endangered Species Act were correlated with the length of time the species were listed and the presence or absence of critical habitat and recovery plans. Species with critical habitat for two or more years were more than twice as likely to have an improving population trend in the late 1990s, and less than half as likely to be declining in the early 1990s, as species without. Species with dedicated recovery plans for two or more years were significantly more likely to be improving and less likely to be ...


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 ...


The Animal Research Controversy: Protest, Process & Public Policy, Andrew N. Rowan, Franklin M. Loew, Joan C. Weer 2014 The Humane Society of the United States

The Animal Research Controversy: Protest, Process & Public Policy, Andrew N. Rowan, Franklin M. Loew, Joan C. Weer

Andrew N. Rowan, D.Phil.

The controversy today regarding the use of animals in research appears on the surface to be a strongly polarized struggle between the scientific community and the animal protection movement. However, there is a wide range of opinions and philosophies on both sides. Mistrust between the factions has blossomed while communication has withered. Through the 1960s, 1970s and early 1980s, the animal movement grew in numbers and financial resources, and developed much greater public recognition and political clout. The research community paid relatively little attention to the animal movement for much of this period but, alarmed by several public relations coups ...


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.


El Mono Que Quiso Ser Artista: El Primer Selfie Animal Y Los Derechos De Autor Y Conexos, Javier Murillo Chávez 2014 Pontificia Universidad Católica del Perú

El Mono Que Quiso Ser Artista: El Primer Selfie Animal Y Los Derechos De Autor Y Conexos, Javier Murillo Chávez

Javier André Murillo Chávez

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.


Animal Agriculture Laws On The Chopping Block: Comparing United States And Brazil, Elizabeth Bennett 2014 Pace University

Animal Agriculture Laws On The Chopping Block: Comparing United States And Brazil, Elizabeth Bennett

Pace Environmental Law Review

Brazil and the United States are among the largest producers and exporters of livestock in the world. This raises important animal rights and environmental concerns. While many of the impacts of industrial animal agriculture are similar in Brazil and the United States, there are key differences in the effects on animals and the environment. The variations between Brazil and the United States are due to ecological, production method, and regulatory differences between the countries. Despite their dissimilarities, however, Brazil and the United States both largely fail to adequately protect farm animals and the environment from the impacts of large-scale animal ...


Origins And Development Of Teaching Animal Law In Brazil, Tagore Trajano de Almeida Silva 2014 Pace University

Origins And Development Of Teaching Animal Law In Brazil, Tagore Trajano De Almeida Silva

Pace Environmental Law Review

This paper examines the strategies utilized on each continent and shows the path made for these scholars to build a framework to discuss animal law within law schools. The conclusion is that this movement produced by such scholars has changed the way law schools are teaching law and is affording new opportunities to solve animal concerns, and likewise, social problems in Brazil and around the world.

Therefore, this article first discusses the philosophical Brazilian background to teach animal law, and how the animal rights movement creates a framework for professors and students working in this field. It then summarily explores ...


Using Emerging Pollution Tracking Methods To Address The Downstream Impacts Of Factory Farm Animal Welfare Abuse, Tarah Heinzen, Abel Russ 2014 Environmental Integrity Project

Using Emerging Pollution Tracking Methods To Address The Downstream Impacts Of Factory Farm Animal Welfare Abuse, Tarah Heinzen, Abel Russ

Pace Environmental Law Review

CAFOs present numerous interconnected ethical, environmental, and public health threats, and this article will discuss opportunities to address the multiple adverse impacts of factory farming through advances in pollution tracking methodologies. The first section will introduce the factory farm issue, and the relationship between its environmental and welfare consequences. We then review approaches to establishing liability for surface and groundwater contamination under existing pollution control laws and describe the unique challenges of using these approaches in the context of CAFO pollution. We then discuss techniques that have been used to more precisely identify sources of pollution, including measurements of a ...


Cultural Solipsism, Cultural Lenses, Universal Principles, And Animal Advocacy, Thomas G. Kelch 2014 Whittier Law School

Cultural Solipsism, Cultural Lenses, Universal Principles, And Animal Advocacy, Thomas G. Kelch

Pace Environmental Law Review

Given the potpourri of human cultures and the need to take a global view of animal rights advocacy, how can animal rights advocates most efficiently and successfully advocate for animals? This article will address this issue.

First, I will describe and analyze views of the human/animal relationship from five example cultural traditions: Western culture, represented generally by Europe and North America, Indian culture, Chinese culture, South African culture, and Islamic culture, exemplified primarily here by Turkey. It is not asserted here that any of these cultures or countries are homogenous; they are not. Although Western culture is primarily constructed ...


Foreword, David N. Cassuto 2014 Pace University School of Law

Foreword, David N. Cassuto

Pace Environmental Law Review

The overlap between animal law and environmental law arises because the two disciplines are fundamentally linked. One cannot talk about the environment without also discussing the nonhuman sentient beings that populate it. Indeed, as I shall discuss shortly, one of the most vexing issues for me— as a scholar working in both fields—involves my ongoing attempt to address the historical tension between the two disciplines. This volume of the Pace Environmental Law Review (PELR) marks an important step on the path toward resolving those tensions and moving environmental law forward. That path will not always be smooth, nor will ...


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