Law Commons^™

Country/Region Reports -- United States Of America, Linda A. Malone

Linda A. Malone

No abstract provided.

Of Prairie Dogs And Congressmen: Defining The Regulated Activity And Why It Matters For Rhe Commerce Clause Substantial Effect Test, Bethany Bostron

William & Mary Bill of Rights Journal

No abstract provided.

Aransas Project V. Shaw: The Fifth Circuit’S Incorrect And Attenuated Proximate Cause Analysis On What Killed The Whooping Crane, Brian Reagan

William & Mary Environmental Law and Policy Review

No abstract provided.

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

In 2013, the United States Court of Appeals for the Eleventh Circuit rejected a challenge to the Navy's Undersea Warfare Training Range (Range) off the coast of Jacksonville, Florida, based on potential impacts the Range could have to the endangered North Atlantic Right Whale and other endangered species. The court held that the Navy and the National Marine Fisheries Service (NMFS) had met their obligations under the National Environmental Policy Act of 1969 (NEPA as amended and the Endangered Species Act of 1973 (ESA as amended thus far in the project.' The court also decided two cases under the Clean …

Recent Developments In Hydraulic Fracturing Regulation And Litigation, Keith B. Hall

Journal Articles

No abstract provided.

Epa Shoots Down Lead Shot Regulation: Lead Ammo's Unreasonable Risk To Human Health And The Environment, And The Special Situation Of The California Condor, Rachel Hawkins

Golden Gate University Environmental Law Journal

This Comment argues that the EPA has the authority to ban lead ammunition nationwide under The Toxic Substances Control Act (TSCA), because lead ammunition poses an unreasonable risk to human health and the environment that is not adequately addressed by other laws. Further, the EPA retains the authority to ban lead ammunition nationwide under TSCA because a national ban would not be preempted by other federal laws. Part II of this Comment explores the problematic history of lead regulation as well as the devastating effects of lead poisoning on humans. Part III begins with an in-depth explanation of the harmful …

Have We All Gone Batty? The Need For A Better Balance Between The Conservation Of Protected Species And The Development Of Clean Renewable Energy, Laura Householder

William & Mary Environmental Law and Policy Review

No abstract provided.

Gray Wolf Rising: Why The Clash Over Wolf Management In The Northern Rockies Calls For Congressional Action To Define "Recovery" Under The Endangered Species Act, W. Ryan Stephens

William & Mary Environmental Law and Policy Review

No abstract provided.

American Natures: The Shape Of Conflict In Environmental Law, Jedediah Purdy

Faculty Scholarship

There is a firestorm of political and cultural conflict around environmental issues,including but running well beyond climate change. Legal scholarship is in a bad position to make sense of this conflict because the field has concentrated on making sound policy recommendations to an idealized lawmaker, neglecting the deeply held and sharply clashing values that drive, or block, environmental lawmaking. This Article sets out a framework for understanding and engaging the clash of values in environmental law and, by extension,approaching the field more generally. Americans have held, and legislated based upon, four distinct ideas about why the natural world matters and …

Outgrowing The Commerce Clause: Finding Endangered Species A Home In The Constitutional Framework, Jennifer A. Maier

Golden Gate University Law Review

This Comment examines the controversial relationship between the ESA and the Commerce Clause. Part I provides an overview of the Commerce Clause and the ESA. Part II reviews the evolution of the Commerce Clause and examines, in its current form, the Constitution's capacity to support the ESA. Part III examines the likelihood of Supreme Court review of the ESA due to conflicting circuit court opinions and recent changes in the Supreme Court composition. Part IV identifies several factors that endanger the ESA at the Supreme Court level. The Comment concludes that, despite several seemingly favorable factors, the Commerce Clause framework …

Remembering The Spirit Of The Endangered Species Act: A Case For Narrowing Agency Discretion To Interpret "Significant Portion" Of A Species' Range, Ashling P. Mcananey

Golden Gate University Law Review

Part I of this Comment addresses the importance of biodiversity and the need to protect endangered and threatened species. A lack of an understanding of, and respect for, the manner in which all species improve our quality of life can make it difficult to support the ESA when it conflicts with the interests of property owners or the federal government. Part II briefly details the history of the 1973 ESA and its predecessor statutes. Part III provides a summary of the relevant portions of the ESA. Part IV outlines the substantive guidelines and procedural safeguards to be adopted by the …

Critical Habitat At The Crossroads: Responding To The G.W. Bush Administration's Attacks On Critical Habitat Designation Under The Esa, Mike Senatore, John Kostyack, Andrew Wetzler

Golden Gate University Law Review

In this article, we argue that the George W. Bush Administration's ("Administration") attacks on the critical habitat protections in the Endangered Species Act ("ESA") warrant priority attention from the environmental movement. Many species across the United States and, indeed, around the world, continue to slip towards extinction. As Congress recognized when it passed the ESA, the decline of most species can be directly traced to the destruction of their habitat. Protection and restoration of ecosystems that support endangered species is thus fundamental to species conservation.

Slides: The History Of Oil Shale Development And What It Means For The Future, Patty Limerick

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Patty Limerick, Center of the American West, University of Colorado at Boulder

35 slides

Green Peace? Protecting Our National Treasures While Providing For Our National Security, Marcilynn A. Burke

William & Mary Environmental Law and Policy Review

No abstract provided.

A Least Bad Approach For Interpreting Esa Stealth Provisions, Madeline June Kass

William & Mary Environmental Law and Policy Review

Scholars have come to recognize the existence of certain stealthlike provisions neatly tucked within the text of the federal Endangered Species Act ("ESA"). At the time of enactment, these provisions-if not invisible to Congress-appeared at most innocuous or insignificant. As originally written, section 7 of the ESA constitutes one such stealth provision. Inconspicuously titled "Interagency cooperation,"1 the provision seemed little more than a humble procedural hoop to agency action. Judicial statutory interpretation, however, clarified that this seemingly docile procedural requirement in fact contained a formidable substantive mandate of the Act. A second stealth provision resides in section 8a of the …

Environmental Law, Wetlands Regulation, And Reform Of The Endangered Species Act, Federalist Society

William & Mary Environmental Law and Policy Review

No abstract provided.

National Security And The Endangered Species Act: A Fresh Look At The Exemption Process And The Evolution Of Army Environmental Policy, Jason C. Wells

William & Mary Environmental Law and Policy Review

No abstract provided.

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

New Mexico Growers Association V. United States Fish & Wildlife Service And Other Efforts To Undermine Critical Habitat Designation Essential For Species Recovery, Laura Hartt

William & Mary Environmental Law and Policy Review

No abstract provided.

Balancing Current And Future Demands For Colorado River Water With The Requirements Of The Endangered Species Act, Ethan Shaner

William & Mary Environmental Law and Policy Review

No abstract provided.

The Navy And Low Frequency Active Sonar: Stripping The Endangered Species Act Of Its Authority, Nate Cihlar

William & Mary Environmental Law and Policy Review

No abstract provided.

The Aftermath Of Sweet Home Chapter: Modification Of Wildlife Habitat As A Prohibited Taking In Violation Of The Endangered Species Act, Steven G. Davison

William & Mary Environmental Law and Policy Review

No abstract provided.

Enforcing The Endangered Species Act Against The States, Jean O. Melious

William & Mary Environmental Law and Policy Review

No abstract provided.

Biophilia, The Endangered Species Act, And A New Endangered Species Paradigm, L. Misha Preheim

William & Mary Law Review

No abstract provided.

Trade And Domestic Protection Of Endangered Species: Peaceful Coexistence Or Continued Conflict? The Shrimp-Turtle Dispute And The World Trade Organization, Terrence P. Stewart, Mara M. Burr

William & Mary Environmental Law and Policy Review

No abstract provided.

Rearranging The Deck Chairs: Endangered Species Act Reforms In An Era Of Mass Extinction, Patrick A. Parenteau

William & Mary Environmental Law and Policy Review

No abstract provided.

Butterflies, Cave Spiders, Milk-Vetch, Bunchgrass, Sedges, Lilies, Checker-Mallows And Why The Prohibition Against Judicial Balancing Of Harm Under The Endangered Species Act Is A Good Idea, Federico Cheever

William & Mary Environmental Law and Policy Review

No abstract provided.

Muddle Or Muddle Through? Taking Jurisprudence Meets The Endangered Species Act, Mark Sagoff

William & Mary Law Review

No abstract provided.

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.