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Articles 1 - 10 of 10
Full-Text Articles in Law
Can A Multi-Species Habitat Conservation Plan Save San Diego's Vulnerable Vernal Pool Species?, John Buse
Can A Multi-Species Habitat Conservation Plan Save San Diego's Vulnerable Vernal Pool Species?, John Buse
Golden Gate University Environmental Law Journal
The Endangered Species Act2 (hereinafter “ESA” or “the Act”) protects some of the rarest and most charismatic mammals on earth, including polar bears, wolves, jaguars, and orcas. The ESA also protects less conspicuous species and their habitats. Not all species are equal under the law; for example, plants are afforded substantially less protection, and the Act excludes pest insects if their protection “would present an overwhelming and overriding risk to man.” But the ESA does provide a remarkable degree of taxonomic equality for most covered species, generally treating bears and burying beetles as equals. This equality infuriates opponents of the …
Harm Means Harm: Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon, Laurie M. Stone
Harm Means Harm: Babbitt V. Sweet Home Chapter Of Communities For A Great Oregon, Laurie M. Stone
Pepperdine Law Review
No abstract provided.
The Killing Fields: Reducing The Casualties In The Battle Between U.S. Species Protection Law And U.S. Pesticide Law, Mary Jane Angelo
The Killing Fields: Reducing The Casualties In The Battle Between U.S. Species Protection Law And U.S. Pesticide Law, Mary Jane Angelo
Mary Jane Angelo
For the past 35 years, the conflicting goals, standards, focuses, and methods of United States species protection laws and United States pesticide law have produced a fierce legal battle. The unwitting casualties of this battle are the millions of birds, fish, and other wildlife that have been killed, and the hundreds of protected species put at risk of extinction. This battle has intensified in recent years, as environmental organizations have sued the United States Environmental Protection Agency ("EPA") for its continued failure to comply with the Endangered Species Act ("ESA"). In response, EPA has invoked numerous legal and regulatory strategies, …
Embracing Uncertainty, Complexity, And Change: An Eco-Pragmatic Reinvention Of A First-Generation Environmental Law, Mary Jane Angelo
Embracing Uncertainty, Complexity, And Change: An Eco-Pragmatic Reinvention Of A First-Generation Environmental Law, Mary Jane Angelo
Mary Jane Angelo
Recent scientific reports demonstrate that despite more than thirty years of environmental regulation, bird and wildlife species as well as ecosystem services, are in unprecedented decline. Pesticides are at least in part to blame for these profound declines. U.S. pesticide law has failed to carry out its mission of environmental protection. A number of recently-filed lawsuits assert that the registration of certain pesticides violates the federal Endangered Species Act. One of the great ironies of environmental law is that the ecological consequences of pesticide use, which fueled the environmental movement of the late 1960s and early 1970s, largely have been …
Stumbling Toward Success: A Story Of Adaptive Law And Ecological Resilience, Mary Jane Angelo
Stumbling Toward Success: A Story Of Adaptive Law And Ecological Resilience, Mary Jane Angelo
Mary Jane Angelo
For decades, scientific and legal scholars alike have promoted the concept of "adaptive management" as a necessary approach to meaningful environmental management, restoration, and regulation. Unfortunately, adaptive management success stories are few and far between. The Lake Apopka Restoration Project provides a real-world illustration of adaptive management at work. This article uses adaptive management theory to explore mechanisms to make environmental law better able to address the uncertainties and changing nature of natural systems to restore and protect ecological resilience.
Incorporating Emergy Synthesis Into Environmental Law: An Integration Of Ecology, Economics, And Law, Mary Jane Angelo, Mark T. Brown
Incorporating Emergy Synthesis Into Environmental Law: An Integration Of Ecology, Economics, And Law, Mary Jane Angelo, Mark T. Brown
Mary Jane Angelo
Emergy synthesis, flrst developed by Dr. Howard T. Odum in the 1970s, and further expanded and refined by other scholars over the past thirty years, has the potential to transform environmental decisionmaking by providing a methodology that can integrate ecology, economics, and law. Virtually all areas of environmental law are concerned in some way with both the ecological and the economic impacts of environmental decision making. Unfortunately, existing environmental law statutes tend to incorporate ecological and economic considerations in a simplistic, piecemeal, and awkward fashion. Emergy synthesis incorporates both ecological and economic considerations through a sophisticated scientiic methodology. Emergy synthesis …
Paved With Good Intentions: The Fate Of Strict Liability Under The Migratory Bird Treaty Act, Kalyani Robbins
Paved With Good Intentions: The Fate Of Strict Liability Under The Migratory Bird Treaty Act, Kalyani Robbins
Akron Law Faculty Publications
The Migratory Bird Treaty Act (MBTA) contains a very broad ban on harming migratory birds, as well as a strict liability standard for misdemeanor violations. Without further limitation, the MBTA would theoretically apply to countless ordinary life activities, such as driving a car or having windows on one’s home. Naturally, there are due process concerns with such a scenario, so Congress expressly left it to the Department of the Interior to draft more detailed implementing regulations. Unfortunately, the existing regulations fail to adequately address the potential overbreadth of the MBTA’s misdemeanor application, forcing the courts to do so on an …
Harmonizing Commercial Wind Power And The Endangered Species Act Through Administrative Reform, J.B. Ruhl
Harmonizing Commercial Wind Power And The Endangered Species Act Through Administrative Reform, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and wind power have met in policy, permitting, and litigation. Part II then examines whether wind power (and other renewable energy sources) can and should receive a green pass under the ESA given its unquestioned climate change mitigation benefits, concluding that doing so would face a host of legal and policy concerns. Part III then outlines a model for administrative innovation of ESA …
Using Conservation Management Agreements To Secure Postrecovery Perpetuation Of Conservation-Reliant Species: The Kirtland's Warbler As A Case Study, Dale Goble
Articles
Kirtland’s warbler is one of many conservation-reliant species listed under the Endangered Species Act (ESA). This species has met recovery goals, but removing it from the protections of the ESA is problematic because of its reliance on ongoing conservation. We define conservation management agreements (CMAs) and describe how they may provide a mechanism to protect conservation-reliant species after delisting. We suggest that CMAs should include four major elements: (1) a conservation partnership capable of implementing management actions at conservation-relevant scales, (2) a conservation management plan based on the management actions in the species’ successful recovery plan, (3) sufficient financial resources …
Paved With Good Intentions: The Fate Of Strict Liability Under The Migratory Bird Treaty Act, Kalyani Robbins
Paved With Good Intentions: The Fate Of Strict Liability Under The Migratory Bird Treaty Act, Kalyani Robbins
Kalyani Robbins
The Migratory Bird Treaty Act (MBTA) contains a very broad ban on harming migratory birds, as well as a strict liability standard for misdemeanor violations. Without further limitation, the MBTA would theoretically apply to countless ordinary life activities, such as driving a car or having windows on one’s home. Naturally, there are due process concerns with such a scenario, so Congress expressly left it to the Department of the Interior to draft more detailed implementing regulations. Unfortunately, the existing regulations fail to adequately address the potential overbreadth of the MBTA’s misdemeanor application, forcing the courts to do so on an …