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Full-Text Articles in Law
A Landmark Environmental Law Looks Ahead, Robert L. Fischman
A Landmark Environmental Law Looks Ahead, Robert L. Fischman
Articles by Maurer Faculty
In late December 1973, the United States enacted what some would come to call “the pitbull of environmental laws.” In the 50 years since, the formidable regulatory teeth of the Endangered Species Act (ESA) have been credited with considerable successes, obliging agencies to draw upon the best available science to protect species and habitats. Yet human pressures continue to push the planet toward extinctions on a massive scale. With that prospect looming, and with scientific understanding ever changing, Science invited experts to discuss how the ESA has evolved and what its future might hold.
State Imperiled Species Legislation, Robert L. Fischman, Vicky J. Meretsky, Willem Drews, Katlin Stephani, Jennifer Teson
State Imperiled Species Legislation, Robert L. Fischman, Vicky J. Meretsky, Willem Drews, Katlin Stephani, Jennifer Teson
Articles by Maurer Faculty
State wildlife conservation programs are essential to accomplishing the national goal of extinction prevention. By virtue of their constitutional powers, their expertise, and their on-the-ground personnel, states could—in theory—accomplish far more than the federal agencies directly responsible for implementing the Endangered Species Act (ESA). States plausibly argue that they can catalyze collaborative conservation that brings together key stakeholders to improve conditions for imperiled species. Bills to revise the ESA seek to delegate greater authority to states. We evaluated states’ imperiled species legislation to determine their legal capacity to employ the key regulatory tools that prompt collaborative conservation. All but four …
Cooperative Federalism And Natural Resources Law, Robert L. Fischman
Cooperative Federalism And Natural Resources Law, Robert L. Fischman
Articles by Maurer Faculty
Cooperative federalism describes an arrangement under which a national government induces coordination from subordinate jurisdictions, such as states and tribes, through incentives rather than requirements. In environmental law, cooperative federalism highlights the divide between pollution control and resource management. This article examines the divide from both sides.
Even though almost all of the environmental law commentary on cooperative federalism focuses exclusively on the pollution control side, the basic elements of cooperative federalism can be combined in a wider variety of forms than are recognized by most pollution control programs or scholarship. This article reviews the ways in which resource management …
Predictions And Prescriptions For The Endangered Species Act, Robert L. Fischman
Predictions And Prescriptions For The Endangered Species Act, Robert L. Fischman
Articles by Maurer Faculty
The thirtieth anniversary of the enactment of the modern Endangered Species Act (ESA) offers an irresistible excuse to suggest changes that are needed to set the statute, and the larger project of environmental protection, on course for greater effectiveness. The 1973 ESA is novel in its approach and reach, in that it reflects both the resource management and pollution control traditions in environmental law. Its evolution indicates broader trends in the legal landscape of environmental law.
Making predictions about the future of the ESA is a daunting task. Most predictions made thirty years ago about the statute proved to be …
A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera
A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera
Articles by Maurer Faculty
No abstract provided.
Endangered Species Information: Access And Control, Robert L. Fischman, Vicky J. Meretsky
Endangered Species Information: Access And Control, Robert L. Fischman, Vicky J. Meretsky
Articles by Maurer Faculty
No abstract provided.
Endangered Species Conservation: What Should We Expect Of Federal Agencies?, Robert L. Fischman
Endangered Species Conservation: What Should We Expect Of Federal Agencies?, Robert L. Fischman
Articles by Maurer Faculty
No abstract provided.