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The Public Trust In Wildlife, Michael Blumm, Aurora Paulsen
The Public Trust In Wildlife, Michael Blumm, Aurora Paulsen
Michael Blumm
The public trust doctrine, derived from ancient property principles, is thought to mostly apply to navigable waters and related land resources. The doctrine supplies a mediating force to claims of both private ownership and unfettered government discretion over these resources, vesting the state with trust responsibility to ensure that the use of these resources promotes long-term sustainability. A related doctrine—sovereign ownership of wildlife—is also an ancient public property doctrine inherited from England. State ownership of wildlife has long defeated private ownership claims and enabled states to enact and implement wildlife conservation regulations. This paper claims that these two doctrines should …
The Role Of The Judge In Endangered Species Act Litigation: District Judge James Redden And The Columbia Basin Salmon Saga, Michael C. Blumm, Aurora Paulsen
The Role Of The Judge In Endangered Species Act Litigation: District Judge James Redden And The Columbia Basin Salmon Saga, Michael C. Blumm, Aurora Paulsen
Michael Blumm
After rejecting three federal biological opinions (BiOps) for favoring federal Columbia Basin hydroelectric operations over salmon protected by the Endangered Species Act (ESA), Judge James A. Redden has retired, passing oversight of the litigation to a new federal judge. This complex case, which concerns the accommodations the world’s largest hydropower system must give to the region’s signature natural resource, has now spanned nearly twenty years and five different BiOps. For his part, Judge Redden worked closely with the parties in an attempt to arrive at improvements in salmon survival. In this managerial role, he acted perhaps as the archetypical federal …