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Full-Text Articles in Law
The Endangered Species Act At Forty: The Good, The Bad, And The Ugly, Daniel J. Rohlf
The Endangered Species Act At Forty: The Good, The Bad, And The Ugly, Daniel J. Rohlf
Animal Law Review
No abstract provided.
Endangered Species Act Listings And Climate Change: Avoiding The Elephant In The Room, Michael Blumm, Kya Marienfeld
Endangered Species Act Listings And Climate Change: Avoiding The Elephant In The Room, Michael Blumm, Kya Marienfeld
Faculty Articles
The Endangered Species Act (ESA), with its reputation as the nation’s strongest environmental law, might be expected to impose some limits on greenhouse gas (GHG) emissions adversely affecting listed species due to rising global temperatures. Although the federal government recently ended a long period of denial by conceding that some species warrant listing because of climate change, the accompanying listing decisions revealed a federal refusal to apply the ESA to constrain GHG emissions causing the listings. In this article, we explain those decisions — involving the American pika, the polar bear, the wolverine, and the Gunnison sage-grouse — and their …
Harming The Tinkerer: The Case For Aligning Standing And Preliminary Injunction Analysis In The Endangered Species Act, Danny Lutz
Animal Law Review
Reviewing preliminary injunction motions under the Endangered Species Act (ESA), most district courts evaluate “irreparable harm” through one of two lines of analysis. One line, promoted by property rights interest groups, reasons that individual mortalities might not constitute irreparable harm if they do not impact survival of the species. In contrast to this “species-level harm” analysis, another approach argues that “individual-level harm” suffices because it is irreparable to the animal. The recent First Circuit opinion in Animal Welfare Institute v. Martin attempts, but ultimately fails, to bridge the divide over which level of analysis to apply for irreparable harm under …
Getting Species On Board The Ark One Lawsuit At A Time: How The Failure To List Deserving Species Has Undercut The Effectiveness Of The Endangered Species Act, James Jay Tutchton
Getting Species On Board The Ark One Lawsuit At A Time: How The Failure To List Deserving Species Has Undercut The Effectiveness Of The Endangered Species Act, James Jay Tutchton
Animal Law Review
This Article, presented by a former general counsel for WildEarth Guardians, discusses the organization’s attempts to protect imperiled species under the Endangered Species Act (ESA). By comparing extinction patterns from the past, we can see that the human impact on the Earth’s biodiversity is similar to that caused by past geological catastrophes. The ESA is the Noah’s Ark of our time, providing the best opportunity to help stem the tide of extinction. In analyzing the ESA, it is clear that the Act serves important human interests and is effective when utilized as intended. However, the United States Fish & Wildlife …
Endangered Species Act Listings And Climate Change: Avoiding The Elephant In The Room, Michael C. Blumm, Kya B. Marienfeld
Endangered Species Act Listings And Climate Change: Avoiding The Elephant In The Room, Michael C. Blumm, Kya B. Marienfeld
Animal Law Review
The Endangered Species Act (ESA), with its reputation as the nation’s strongest environmental law, might be expected to impose some limits on greenhouse gas (GHG) emissions adversely affecting listed species due to rising global temperatures. Although the federal government recently conceded that some species warrant listing because of climate change, the accompanying listing decisions revealed a federal refusal to apply the ESA to constrain GHG emissions. In this Article, we explain those decisions—involving the American pika, the polar bear, the wolverine, and the Gunnison sage-grouse—and their implications. We conclude with some surprising observations about the Obama Administration’s apparent endorsement of …
The Lizard, The Scientist, & The Lawmaker: An Analysis Of The Trending Fight Over The Use Of Science Under The Endangered Species Act And How To Address It, Brie D. Sherwin
Animal Law Review
Recently in Texas, the dunes sagebrush lizard—a tiny, little-known reptile living in the sparse brush and dunes of the oil and gas fields—sparked a heated discussion and criticism over the listing process under the Endangered Species Act (ESA). This six-year battle ended with the withdrawal of a proposed rule to list the lizard and resulted in numerous criticisms about the role and use of scientific data throughout the process. Under the ESA, the United States Fish & Wildlife Service (FWS) is required to consider the best available scientific data when deciding whether to list a species. However, there is no …