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Articles 1 - 4 of 4
Full-Text Articles in Law
Center For Biological Diversity V. Jewell, Lowell J. Chandler
Center For Biological Diversity V. Jewell, Lowell J. Chandler
Public Land & Resources Law Review
The ESA protects threatened or endangered species, and species likely to become threatened or endangered within the foreseeable future, throughout all or a significant portion of their range. In Center for Biological Diversity v. Jewell, the United States District Court for the District of Arizona overturned a Fish and Wildlife Service policy defining the significant portion of range language in the ESA. The policy interpretation limited ESA protections to apply only when a species faced risk of extinction throughout its entire range. The court deemed this policy impermissible because it effectively rendered the significant portion of range language meaningless. …
Defenders Of Wildlife V. Zinke, Jacob R. Schwaller
Defenders Of Wildlife V. Zinke, Jacob R. Schwaller
Public Land & Resources Law Review
Wyoming was the final holdout of protections for wolves under the Endangered Species Act, and a recent decision by the United States Circuit for the District of Columbia has finally overturned those protections. After years of court battles, this decision marks the final adjudication removing federal protections, and places the management of the wolves in the Greater Yellowstone Area back in the hands of the states surrounding Yellowstone National Park. Complete deference to state regulatory systems may be a new trend in the adjudication of cases under the ESA, and this case could have significant impacts on future deference given …
Alaska Oil & Gas Association V. Pritzker, Benjamin W. Almy
Alaska Oil & Gas Association V. Pritzker, Benjamin W. Almy
Public Land & Resources Law Review
In Alaska Oil & Gas Association v. Pritzker, the Ninth Circuit reversed the United States District Court for the District of Alaska’s decision to strike down the National Marine Fisheries Service’s (“NMFS”) listing of distinct population segments of the Pacific bearded seal. The court determined that the NMFS was in full compliance with the requirements of the Endangered Species Act and squarely rejected the district court’s demand for highly specific data pertaining to the projected effects of climate change on the bearded seal.
Safari Club International V. Jewell, Jacob Schwaller
Safari Club International V. Jewell, Jacob Schwaller
Public Land & Resources Law Review
Safari Club International and the National Rifle Association brought this challenge to the U.S. Fish and Wildlife Service’s suspension of elephant trophy imports from 2014 forward. Both parties brought cross motions for summary judgment. In a recent memorandum opinion, the D.C. Federal District Court found that, although there was a minor procedural error on the part of the Service, an extended ban on Zimbabwean elephant trophies by the U.S. Fish and Wildlife Service was in large part compliant with their mandate under the Convention on International Trade in Endangered Species of Wild Flora and Fauna and the Endangered Species Act. …