Physical Sciences and Mathematics Commons^™

Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Environmental champions and conservationists will mark the 50th anniversary of the Endangered Species Act later this month. That is the law requiring federal agencies to use all methods necessary to prevent extinctions and ensure that federal actions not jeopardize the continued existence of species on the brink of disappearing from the face of the Earth.

In the leadup to the December 27th anniversary, several publications have begun examining the Act’s history and impact over five decades.

Science, the world’s third-most influential scholarly journal based on Google Scholar citations, invited experts from around the country to look ahead as well …

Biological Case Against Downlisting The Whooping Crane And For Improving Implementation Under The Endangered Species Act, Andrew J. Caven, Hillary L. Thompson, David M. Baasch, Barry K. Hartup, Amanda M. Hegg, Stephanie M. Schmidt, Irvin Louque, Craig R. Allen, Carter G. Crouch, Craig A. Davis, Joel G. Jorgensen, Jane E. Austin, Bethany L. Ostrom, Richard D. Beilfuss, George W. Archibald, Anne E. Lacy

School of Natural Resources: Faculty Publications

The Whooping Crane (Grus americana; WHCR) is a large, long-lived bird endemic to North America. The remnant population migrates between Aransas National Wildlife Refuge, USA, and Wood Buffalo National Park, Canada (AWBP), and has recovered from a nadir of 15-16 birds in 1941 to ~540 birds in 2022. Two ongoing reintroduction efforts in Louisiana and the Eastern Flyway together total ~150 birds. Evidence indicates the U.S. Fish and Wildlife Service (USFWS) is strongly considering downlisting the species from an endangered to a threatened status under the Endangered Species Act (ESA). We examined the current status of the WHCR through the …

The U.S. Endangered Species Act And Agency Discretion: The Role Of Public Commenting During The Rulemaking Process, Krista Helmstadter Lyons

Boise State University Theses and Dissertations

The most recent International Union for Conservation of Nature (IUCN) Red List classifies 40,084 out of the 142,577 evaluated species as threatened with extinction, with 1,962 of those species identified in the United States. The U.S. Endangered Species Act (ESA) was enacted in 1973 to protect and recover threatened and endangered species from extinction. The ESA federal listing process can be lengthy and arduous, taking years for a species to be proposed for listing. During the process the U.S. Fish and Wildlife Service (FWS) seeks comments from the public and peer reviewers on the proposed rule. Previous research debates the …

The Most Environmentally Beneficial Option: An Analysis On Spower’S Solar Project In Relation To The Endangered Species Act, Victoria Williams

Environmental Studies Senior Seminar Projects

Today, the current impacts of high greenhouse gas emissions due to energy production have been widely discussed in scholarly literature. In 2018, the University of Richmond (UR) announced a goal to match 100% of the campus' electricity demand with solar energy to decrease its carbon footprint. UR partnered with sPower to construct a 500-megawatt solar array in which UR will receive the 20-megawatts worth of energy from the site in Spotsylvania, Virginia. sPower’s solar project engendered various environmental concerns surrounding Fawn Lake and the endangered species found in the proximity of the project. Acknowledging the environmental concerns, the objective of …

Substantial Red Wolf Genetic Ancestry Persists In Wild Canids Of Southwestern Louisiana, Jennifer R. Adams, John J. Cox, Lisette P. Waits

Forestry and Natural Resources Faculty Publications

Concerns over red wolf (Canis rufus) extinction caused by hybridization with coyotes (C. latrans) led to the capture and removal of remnant wild wolves from southwestern Louisiana and southeastern Texas, United States, during the 1970s. Here we show that despite decades of unmitigated hybridization, and declaration of endangered red wolves as functionally extinct in the wild, red wolf mitochondrial or nuclear DNA ancestry persists in ∼55% of contemporary wild canids sampled in southwestern Louisiana. Surprisingly, one individual had 78–100% red wolf ancestry, which is within the range for 75% red wolf, red wolf backcross, or putative …

Evaluating Climate Change Policy Through The Endangered Species Act, Richie Donahou

Graduate Theses and Dissertations

This research sets out to address a growing knowledge gap of climate change science in regards to the state of Arkansas. Within the coming chapters, the goal of this research is to examine climate data and to identify if any evidence of climate change can be detected and what are the policies in place to adapt to these potential changes. Furthermore, the scope of this research will be narrowed to a few counties over the southwest Arkansas, and a specific endangered species, the Leopard Darter. Upon examination of previous environmental and ecological climate change related research it became clear that …

Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen

St. Mary's Law Journal

Abstract forthcoming

Lichen Conservation In Eastern North America: Population Genomics, Climate Change, And Translocations, Jessica Allen

Dissertations, Theses, and Capstone Projects

Conservation biology is a scientific discipline that draws on methods from diverse fields to address specific conservation concerns and inform conservation actions. This field is overwhelmingly focused on charismatic animals and vascular plants, often ignoring other diverse and ecologically important groups. This trend is slowly changing in some ways; for example, increasing number of fungal species are being added to the IUCN Red-List. However, a strong taxonomic bias still exists. Here I contribute four research chapters to further the conservation of lichens, one group of frequently overlooked organisms. I address specific conservation concerns in eastern North America using modern methods. …

Understanding Stakeholder Attitudes And Involvement In Habitat Conservation Plans And The Endangered Species Act, Kyle Andrew Rodgers

Masters Theses

The Endangered Species Act (ESA), established in 1973, was a landmark piece of environmental legislation and remains the standard for endangered species conservation. Implementation of the ESA has often been framed as pitting economic development against species conservation, inciting passions for and against endangered species conservation. The strength of opposing public opinions is highlighted by high-profile controversies such as those around the snail darter, northern spotted owl and the greater sage grouse. In an attempt to reduce conflict, the US Fish and Wildlife Service (USFWS) increasingly seeks to utilize collaborative, stakeholder-based processes that address stakeholder interests, attitudes, and values.

In …

Slides: Flpma In Its Historical Context, John D. Leshy

FLPMA Turns 40 (October 21)

Presenter: John D. Leshy, Sunderland Distinguished Professor of Law Emeritus, U.C. Hastings College of the Law

36 slides

This session traces the history of FLPMA including, among other things, its legislative, administrative, and historical antecedents, including for example, the Public Land Law Review Commission’s 1970 report, One Third of Our Nation’s Lands. It then considers FLPMA’s unique public lands policies and requirements and how they are reflected in the BLM’s management of public lands today.

See: https://www.nps.gov/parkhistory/online_books/blm/history/contents.htm

Slides: Dam Operations: Does A Changing World Call For Changing Plans?, Reed D. Benson

Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)

Presenter: Reed D. Benson, University of New Mexico School of Law

13 slides

Geographic Variation, Null Hypotheses, And Subspecies Limits In The California Gnatcatcher: A Response To Mccormack And Maley, Robert M. Zink, Jeffrey G. Groth, Hernan Vázquez-Miranda

School of Natural Resources: Faculty Publications

We interpreted the results of nuclear DNA sequencing to be inconsistent with the recognition of California Gnatcatcher (Polioptila californica) subspecies. McCormack and Maley (2015) suggested that our data did support 2 taxa, one of which was P. c. californica, listed as Threatened under the Endangered Species Act (ESA). We summarize here how 2 sets of researchers with access to the same data reached different conclusions by including different analyses. We included the southern subspecies’ boundary from the taxonomy of Atwood (1991), the taxonomic basis for the ESA listing, which resulted in an Analysis of Molecular Variance that …

Day 1: Wednesday, 17 August 2005: Biodiversity And Critical Habitat, Charles Bedford, Federico Cheever, Tim Sullivan

Tim Sullivan

6 pages (includes color illustration). Contains references.

Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Amy Cordalis, Staff Attorney, Yurok Tribe

34 slides

Slides: New Era Of Water Banking And Refined "Water Accounting", Bonnie Colby

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Professor Bonnie Colby, Departments of Agricultural and Resource Economics and Hydrology and Water Resources, University of Arizona

23 slides

The Role Of Hybridization And The United States Fish And Wildlife Service Biologists’ Discretion In The Implementation Of The Endangered Species Act, Jennifer F. Lind-Riehl

Dissertations, Master's Theses and Master's Reports - Open

The Endangered Species Act (ESA) requires that the “best available scientific and commercial data” be used to enable the protection of critically imperiled species from extinction and preserve biodiversity. However, the ESA does not provide specific guidance on how to apply this mandate. In addition, the interpretation of scientific data can be uncertain and controversial, particularly regarding species delineation and hybridization issues. US Fish and Wildlife Service (FWS) field biologists must decide what the best science is and how to interpret and apply it in their recommendations. As a result, FWS field biologists often have considerable discretion when it comes …

Evaluating Recreationists’ Awareness And Attitudes Toward Piping Plovers (Charadrius Melodus) At Lake Mcconaughy, Nebraska, Usa, Joel G. Jorgensen, Mary Bomberger Brown

School of Natural Resources: Faculty Publications

Piping plovers (Charadrius melodus) are shorebirds federally protected by the U.S. Endangered Species Act that often nest on beaches in proximity to human recreation. We evaluated whether awareness of piping plovers and their legally protected status and attitudes toward species management varied between groups of recreationists at Lake McConaughy, Keith County, Nebraska, USA. Awareness of piping plovers varied primarily by the respondents’ number of annual visits to Lake McConaughy; the respondents’ age, sex, or location of primary residence had less influence. Recreationists with increased awareness of piping plovers and their protected status did not have more favorable attitudes toward plovers …

Phylogeography Of The California Gnatcatcher (Polioptila Californica) Using Multilocus Dna Sequences And Ecological Niche Modeling: Implications For Conservation, Robert M. Zink, Jeffrey G. Groth, Hernan Vázquez-Miranda

School of Natural Resources: Faculty Publications

An important step in conservation is to identify whether threatened populations are evolutionarily discrete and significant to the species. A prior mitochondrial DNA (mtDNA) phylogeographic study of the California Gnatcatcher (Polioptila californica) revealed no geographic structure and, thus, did not support the subspecies validity of the threatened coastal California Gnatcatcher (P. c. californica). The U.S. Fish and Wildlife Service concluded that mtDNA data alone were insufficient to test subspecies taxonomy. We sequenced eight nuclear loci to search for historically discrete groupings that might have been missed by the mtDNA study (which we confirmed with new ND2 …

Putting Local Knowledge And Context To Work For Gunnison Sage-Grouse Conservation, Corrine Noel Knapp, James Cochran, F. Stuart Chapin Iii, Gary Kofinas, Nathan Sayre

Human–Wildlife Interactions

Successful conservation requires adequate understanding of focal species and ecology, practices that may assist species survival, and a community of people willing and able to conserve the species. For many species at risk, we operate with imperfect knowledge in complex conservation contexts. In this case study involving the Gunnison sage-grouse (Centrocercus minimus), we interviewed 26 community-defined local experts, including both those with and without related academic degrees, to assess the utility of local knowledge for understanding and informing conservation opportunities.This project suggests several benefits of integrating local knowledge that apply specifically to rare and endemic populations, including the …

The Mexican Spotted Owl Controversy: An Example Of The Esa’S Dominant Role In Federal Land Use Planning, Norman D. James

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

19 pages, including illustrations and a map.

Includes footnotes.

Includes a 7 page publication by the U.S. Dept. of Agriculture, Forest Service, Southwest Region, titled: Changing Conditions in Southwestern Forests and Implications on Land Stewardship.

Slides: The Spotted Owl Controversy: An Example Of The Esa's Dominant Role In Federal Land Use Planning, Norman D. James

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Norman D. James, Director, Fennemore Craig, PC (Phoenix, AZ)

17 slides

Slides: Celebrating Flpma: Land Use Planning At The Blm, Marcilynn Burke

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Marcilynn Burke, BLM Deputy Director - Programs and Policy, U.S. Dept. of the Interior, (Washington, D.C.)

30 slides

Slides: The Promise And Peril Of Oil Shale: Federal Law And Policy, David Bernhardt

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

Presenter: David Bernhardt, Brownstein Hyatt Farber Schreck, Denver, CO

13 slides

The Evolution Of Natural Resources Law And Policy, Lawrence J. Macdonnell, Sarah F. Bates

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b444104~S0

Contents: Introduction / Bruce Babbitt -- PART I : REFLECTIONS ON NATURAL RESOURCES LAW AND POLICY: Historical evolution and future of natural resources law and policy / Sally Fairfax, Helen M. Ingram, Leigh Raymond -- Ethical perspectives on resources law and policy : global warming and our common future / Sarah Krakoff -- Why care about the polar bear? : economic analysis of natural resources law and …

Slides: Recommended Best Management Practices For Plants Of Concern: Practices Developed To Reduce The Impacts Of Oil And Gas Development Activities To Plants Of Concern, Brian Kurzel, Colorado Rare Plant Conservation Initiative

Best Practices for Community and Environmental Protection (October 14)

Presenter: Brian Kurzel, Colorado Natural Areas Program (CNAP)

27 slides

Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO

27 slides

Slides: Challenges For Reclamation: A Western States' Perspective, Craig Bell

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Craig Bell, Western Water States Council, Midvale, Utah

9 slides

Slides: Oil Shale Water Use: Upsetting The Apple-Cart Of River Habitat, Irrigation And Existing Water Rights?, Bart Miller

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Bart Miller, Western Resource Advocates, Boulder, CO

13 slides

On The Movement Of Beluga Whales In Cook Inlet, Alaska: Simulations Of Tidal And Environmental Impacts Using A Hydrodynamic Inundation Model, Tal Ezer, Roderick Hobbs, Lie-Yauw Oey

CCPO Publications

The population of beluga whales in Cook Inlet, Alaska, is in decline, and since 2000 these whales have been under consideration for designation as "endangered" under the Endangered Species Act (and were placed on the list in October 2008, just before this article went to press). In order to study environmental and hydrodynamic impacts on the belugas' movements and survival in the unique habitat of the inlet, a three-dimensional ocean circulation and inundation model is combined with satellite-tracked beluga whale data. Model-wale data comparisons from two whale paths during a five-day period (september 17-21, 2000) covering 10 tidal cycles suggest …

Slides: Water Needs And Strategies For A Sustainable Future, Shaun Mcgrath

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Shaun McGrath, Program Director, Western Governors’ Association

25 slides