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Full-Text Articles in Law
An Extinction Of Transparency: The Opaque Endangered Species List, Benjamin W. Cramer
An Extinction Of Transparency: The Opaque Endangered Species List, Benjamin W. Cramer
Benjamin W. Cramer
This article reconstructs the Endangered Species Act (ESA) as an informational statute with unresolved problems of transparency and disclosure. The article introduces the informational requirements of modern American environmental legislation, including the ESA. The article then examines the conflict between the substantive goals of the ESA and the procedural focus of American administrative jurisprudence. This is followed by a case history of the informational requirements of the ESA in general and the official endangered species list in particular, with coverage of political manipulation of the list and whether or not it is a truly transparent item of government-held information. The …
“The Nation’S Broadband Success Story”: The Secrecy Of Fcc Broadband Infrastructure Statistics, Benjamin W. Cramer
“The Nation’S Broadband Success Story”: The Secrecy Of Fcc Broadband Infrastructure Statistics, Benjamin W. Cramer
Benjamin W. Cramer
The Federal Communications Commission regularly promotes the competitiveness of the American broadband market and the availability of robust services to consumers. Since 2000, the Commission has reported on broadband deployment by zip code, and by late 2006 broadband was supposedly available in 99% of American zip codes, with those zip codes representing 99% of the population. However, the viability of the FCC’s zip code-based measurement methodology has long been a matter of controversy, because broadband is counted as “available” in a zip code even if as few as one household in the area has obtained service. Meanwhile, the FCC continued …
Fine Feathered Adversaries: The Fcc And Avian Mortality At Communications Towers, Benjamin W. Cramer
Fine Feathered Adversaries: The Fcc And Avian Mortality At Communications Towers, Benjamin W. Cramer
Benjamin W. Cramer
Every year, millions of birds are killed at communications towers in the United States, and the Federal Communications Commission (FCC) oversees hundreds of thousands of such towers. In 2000, the U.S. Fish & Wildlife Service (FWS), utilizing the legal mandates of the National Environmental Policy Act, the Endangered Species Act, and the Migratory Bird Treaty Act, issued guidelines urging the FCC to take action on ameliorating the widespread avian mortality at its communications towers. These guidelines included provisions for the siting of towers and environmental assessments of tower construction processes, which are conducted by the FCC’s licensees. Two years later, …
Fine-Feathered Adversaries: The Fcc And Avian Mortality At Communications Towers, Benjamin W. Cramer
Fine-Feathered Adversaries: The Fcc And Avian Mortality At Communications Towers, Benjamin W. Cramer
Benjamin W. Cramer
Every year, millions of birds are killed at communications towers in the United States, and the Federal Communications Commission (FCC) oversees hundreds of thousands of such towers. In 2000, the U.S. Fish & Wildlife Service (FWS), utilizing the legal mandates of the National Environmental Policy Act, the Endangered Species Act, and the Migratory Bird Treaty Act, issued guidelines urging the FCC to take action on ameliorating the widespread avian mortality at its communications towers. These guidelines included provisions for the siting of towers and environmental assessments of tower construction processes, which are conducted by the FCC’s licensees. Two years later, …