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Full-Text Articles in Law

Uncertainty And The Endangered Species Act, Teresa Woods, Steve Morey Apr 2008

Uncertainty And The Endangered Species Act, Teresa Woods, Steve Morey

Indiana Law Journal

The U.S. Endangered Species Act requires the US. Fish and Wildlife Service to use the "best available" information when deciding whether to list species as threatened or endangered, and when regulating conservation for species already listed. The agency has discretion to determine the types, quantity, and quality of the information it uses as "best available, "but little discretion to defer decision making in cases where important scientific information is lacking. Complexities of nature, obscurity of many species' life history, and changing environmental circumstances are only some of the reasons why information is rarely complete, and why decisions are almost always …


The Divides Of Environmental Law And The Problem Of Harm In The Endangered Species Act, Robert L. Fischman Apr 2008

The Divides Of Environmental Law And The Problem Of Harm In The Endangered Species Act, Robert L. Fischman

Indiana Law Journal

Symposium: Missing Information: The Scientific Data Gap in Conservation and Chemical Regulation, held on March 24, 2006 at Indiana University School of Law- Bloomington.


Overview: Radical Environmental Change In The Polar Regions Is The Globe’S Wake-Up Call, William J. Snape Iii Jan 2008

Overview: Radical Environmental Change In The Polar Regions Is The Globe’S Wake-Up Call, William J. Snape Iii

Sustainable Development Law & Policy

No abstract provided.


Climate Change, Regulatory Fragmentation, And Water Triage, Robin Kundis Craig Jan 2008

Climate Change, Regulatory Fragmentation, And Water Triage, Robin Kundis Craig

University of Colorado Law Review

Viewed from a watershed perspective, we are unconsciously sacrificing many marine ecosystems because upstream fresh water is a regulatorily fragmented resource. That is, water is subject to multiple assertions of regulatory authority and to multiple types of use-right claims that those authorities regulate. As freshwater supplies become increasingly unequal to the task of meeting the multiple demands for both consumptive and in situ use, and as consumptive and in situ uses of water come increasingly into irreconcilable conflict, the various regulatory schemes governing water use have also increasingly come into legal conflict. These courtroom battles have revealed many tensions, overlaps, …