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Articles 1 - 10 of 10
Full-Text Articles in Law
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 …
You Don't Own Me: Feral Dogs And The Question Of Ownership, Stacy A. Nowicki
You Don't Own Me: Feral Dogs And The Question Of Ownership, Stacy A. Nowicki
Animal Law Review
Feral dogs occupy an ambiguous position, challenging standard categories of domestication, wildness, and property ownership. This ambiguity, in turn, complicates the legal status of feral dogs. Feral dogs' property status is particularly critical, as whether a feral dog is owned by someone, or no one at all, hold implications not only for civil and criminal liability in incidents involving feral dogs, but also the legal ability of animal rescue organizations to intervene in the lives of feral dogs. Part II of this Article summarizes the application of property law to animals, particularly highlighting the role played by an animal's status …
The Spirit Of The Buffalo: The Past And Future Of An American Plains Icon, William Holland
The Spirit Of The Buffalo: The Past And Future Of An American Plains Icon, William Holland
Animal Law Review
Though bison are iconically associated with the United States, their historical fortunes have often been opposite those of the U.S. As the nation expanded westward, government policy, demand for bison products, and changing land use perilously reduced bison numbers. Efforts to restore bison have been complicated by overlapping legal concerns: state, federal, tribal, and constitutional. This Note examines the legal context surrounding bison restoration, focusing particularly on the critical herd connected with Yellowstone National Park. Former members of the Yellowstone herd, in turn, are the subjects of the Montana Supreme Court's 2013 ruling in Citizens for Balanced Use v. Maurier, …
The Underappreciated Role Of The National Environmental Policy Act In Wilderness Designation And Management, Michael Blumm, Lorena Wisehart
The Underappreciated Role Of The National Environmental Policy Act In Wilderness Designation And Management, Michael Blumm, Lorena Wisehart
Faculty Articles
On its 50th anniversary, the Wilderness Act owes much to the effect of the National Environmental Policy Act (NEPA), both in terms of the number of acres in the national wilderness system and in the management of designated wilderness areas. Courts have closely scrutinized federal land management agency actions that threaten wilderness qualities — and this article maintains that the usual vehicle has been NEPA. Enacted a little over a half-decade after the Wilderness Act, NEPA was instrumental in the doubling of wilderness acres in the 1980s, as Congress added wilderness areas and released other areas to multiple uses in …
Federal Wild Lands Policy In The Twenty-First Century: What A Long, Strange Trip It's Been, Michael Blumm, Andrew B. Erickson
Federal Wild Lands Policy In The Twenty-First Century: What A Long, Strange Trip It's Been, Michael Blumm, Andrew B. Erickson
Faculty Articles
The protection of federally owned wild lands, including but not limited to designated wilderness areas, has long been a cardinal element of the American character. For a variety of reasons, designating wild lands for protection under the Wilderness Act has proved difficult, increasingly so in recent years. Thus, attention has focused on undesignated wild lands, that is, unroaded areas managed by the principal federal land managers, the U.S. Forest Service and the Bureau of Land Management (BLM). These areas can benefit from a kind of de facto protected status if they are Forest Service areas that have been inventoried for …
The Past As Prologue To The Present: Managing The Oregon And California Forest Lands, Michael Blumm, Tim Wigington
The Past As Prologue To The Present: Managing The Oregon And California Forest Lands, Michael Blumm, Tim Wigington
Faculty Articles
This article is a brief review of the convoluted history of what are known as the Oregon and California forest lands, federal lands that were once the subject of a 19th century federal railroad grant, then became the focus of widespread land fraud and official corruption, which led to the Supreme Court halting land sales and Congress taking back the lands, situated in eighteen Oregon counties. Federal management of the lands in the 20th century emphasized timber harvesting, and this dominant use of the lands led to environmental lawsuits and the Endangered Species Act listing of the northern spotted owl …
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 …
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 …
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 …