Washington University School of Law
The Humane Society of the United States
Animal Studies Repository
Cornell Law School
The University of Western Ontario
Michigan State University College of Law
Villanova University Charles Widger School of Law
Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
A Conspiracy Of Life: A Posthumanist Critique Of Appoaches To Animal Rights In The Law,
2019
University of Massachusetts School of Law
A Conspiracy Of Life: A Posthumanist Critique Of Appoaches To Animal Rights In The Law, Barnaby E. Mclaughlin
University of Massachusetts Law Review
Near the end of his life, Jacques Derrida, one of the most influential philosophers of the twentieth century, turned his attention from the traditional focus of philosophy, humans and humanity, to an emerging field of philosophical concern, animals. Interestingly, Derrida claimed in an address entitled The Animal That Therefore I Am that,
since I began writing, in fact, I believe I have dedicated [my work] to the question of the living and of the living animal. For me that will always have been the most important and decisive question. I have addressed it a thousand times, either directly or obliquely ...
Wildearth Guardians V. United States Bureau Of Land Management,
2019
University of Montana School of Law
Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski
Public Land & Resources Law Review
In WildEarth Guardians v. U.S. BLM, the District Court of Colorado showed that economic and developmental uncertainty is an area where agencies are given broad discretion in deciding whether an impact is reasonably foreseeable and requires a further conformity analysis under the Clean Air Act. This case exemplifies the tactical limitation of using climate change and the science around it to force greater analysis of projects undertaken by federal agencies. However, the court presented a potential roadmap for successful future challenges.
Massachusetts Lobstermen’S Association V. Ross,
2019
Alexander Blewett III School of Law at the University of Montana
Massachusetts Lobstermen’S Association V. Ross, Daniel Brister
Public Land & Resources Law Review
President Obama established the first––and only––national monument in the Atlantic Ocean on September 15, 2016. Located 130 miles southeast of Cape Cod, Massachusetts, and comprised of 4,913 square miles of marine ecosystems rich in biodiversity, the protected area includes four underwater mountains and three submarine canyons. Plaintiff commercial lobster and fishing associations, seeking to overturn the designation, asserted that the Antiquities Act does not permit a president to establish marine national monuments. The U.S. District Court for the District of Columbia disagreed, upholding a president’s authority to protect offshore areas and vast ecosystems as objects ...
Crow Indian Tribe V. United States,
2018
Alexander Blewett III School of Law at the University of Montana
Crow Indian Tribe V. United States, Hallee Kansman
Public Land & Resources Law Review
The protection status of the Greater Yellowstone grizzly bear continues to elicit debate and find its way into the courtroom. In Crow Indian Tribe v. United States, for the second time in the last decade, a court held the Service’s attempt to delist the Yellowstone Grizzly arbitrary and capricious. Specifically, the court found the Service’s evaluation of remnant populations, recalibration, and genetic health deficient. This case demonstrates the importance in and the resilient motivation behind preserving grizzly bear populations and genetics. As the practice of delisting a species under the Endangered Species Act continues, this case will provide ...
Accurate Economics To Protect Endangered Species And Their Critical Habitats,
2018
Western Kentucky University
Accurate Economics To Protect Endangered Species And Their Critical Habitats, Jacob P. Byl
Pace Environmental Law Review
Federal agencies currently use a methodology that finds negligible benefits of protecting critical habitat for endangered species, despite the prime real estate that is often involved. The Endangered Species Act already calls for economic analysis, but agencies currently treat it as a meaningless hoop to jump through. Agencies justify this hollow exercise by pointing to the difficulty in quantifying the increment of added protection that comes with critical habitat designation. However, the increment of added protection for critical habitat can be measured using methods already employed by agencies in other environmental analyses. Although the central benefits of critical habitat are ...
Bringing The European Eel Back From The Brink: The Need For A New Agreement Under The Convention On Migratory Species,
2018
Lewis & Clark Law School
Bringing The European Eel Back From The Brink: The Need For A New Agreement Under The Convention On Migratory Species, Chris Wold
Pace Environmental Law Review
The European eel is considered “Critically Endangered.” Its population has been declining due to overutilization, barriers to migration such as dams, pollution, and climate change. The international community has responded by including the European eel in Appendix II of the Convention on International Trade in Endangered Species (“CITES”) to regulate international trade and Appendix II of the Convention on Migratory Species (“CMS”) to help improve the species conservation status. The EU has taken regional action to prohibit imports into and exports from EU Member States, although intra-EU trade is permissible. Despite these actions, the eel’s conservation status might not ...
The Native Species Protection Act: A Deceptively-Named Measure To Destroy The Endangered Species Act,
2018
Villanova University Charles Widger School of Law
The Native Species Protection Act: A Deceptively-Named Measure To Destroy The Endangered Species Act, Daniel Fors
Villanova Environmental Law Journal
No abstract provided.
Alaska Oil & Gas Association V. Pritzker: The Court Foresees A Warm Future And Upholds Bearded Seals' Esa Listing,
2018
Villanova University Charles Widger School of Law
Alaska Oil & Gas Association V. Pritzker: The Court Foresees A Warm Future And Upholds Bearded Seals' Esa Listing, Shawna Riley
Villanova Environmental Law Journal
No abstract provided.
Contracting For Sustainable Surface Management,
2018
University of Wyoming
Contracting For Sustainable Surface Management, Tara Righetti
Arkansas Law Review
No abstract provided.
For Your Entertainment: Researching Animal Cruelty Under The Big Top,
2018
Wayne State University
For Your Entertainment: Researching Animal Cruelty Under The Big Top, Virginia C. Thomas
Library Scholarly Publications
No abstract provided.
Western Organization Of Resource Councils V. United States Bureau Of Land Management,
2018
University of Montana School of Law
Western Organization Of Resource Councils V. United States Bureau Of Land Management, Seth Sivinski
Public Land & Resources Law Review
To what extent must the BLM analyze potential climate change impacts where millions of acres of public lands and federal mineral estates are being considered for coal development? Western Organization of Resource Councils v. BLM addresses this, setting the scope for NEPA-mandated environmental impact analysis and reasonable alternative consideration by federal agencies. Judge Brian Morris of the District of Montana eschewed BLM’s assertions that considering climate impacts would be speculative, instead requiring BLM to acknowledge scientific reality and include modern climate science in its NEPA review analysis.
Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights,
2018
Alexander Blewett III School of Law at the University of Montana
Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey
Public Land & Resources Law Review
Isaac Stevens, then Superintendent of Indian Affairs and Governor of Washington Territory, negotiated a series of treaties with Indian tribes in the Pacific Northwest during 1854 and 1855. A century and a half later in 2001, the United States joined 21 Indian tribes in filing a Request for Determination in the United States District Court for the District of Washington. Plaintiffs alleged the State of Washington had violated those 150-year-old treaties, which remained in effect, by building and maintaining culverts under roads that prevented salmon passage. This litigation eventually reached the Ninth Circuit Court of Appeals, which held in favor ...
Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands,
2018
Haub School of Environment and Natural Resources and the University of Wyoming College of Law
Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western
Public Land & Resources Law Review
As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The phenomenon of increased drilling in sensitive locations, both urban and remote, has sparked increased public opposition, requiring oil and gas producers to reconsider how they engage the public. Oil and gas producers have increasingly deployed the concept of a social license to operate to gain ...
Public-Private Conservation Agreements And The Greater Sage-Grouse,
2018
University of Denver Sturm College of Law
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public Land & Resources Law Review
In 2015, the Obama Administration announced its conservation plans for the greater sage-grouse, an iconic bird of the intermountain west.Political leadership at the time described those plans as the “largest landscape-level conservation effort in U.S. history,”and they served as the foundation for a decision by the U.S. Fish and Wildlife Service (“FWS”) that a listing of the bird was not warranted under the Endangered Species Act (“ESA”). The Trump Administration appears poised to substantially amend the plans, although an array of interested parties have urged that the plans be left intact. Regardless of the outcome of ...
Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process,
2018
Alexander Blewett III School of Law at the University of Montana
Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas
Public Land & Resources Law Review
Hydroelectric power is an efficient and clean source of power. In an era when air emissions dominate public concern about the environmental effects of the energy sector, it is a paradox that among the most highly regulated energy projects are hydroelectric dams, which do not combust fuel. This is partly due to a failure of successive statutory enactments,which have transformed hydroelectric licensing from a regulatory “one-stop shop” with a single regulator, to a process chained to a bewilderingnumber of often conflicting regulatory agencies, often riven with delay. Hydroelectric licensing has also failed because its capacious standard of review encourages ...
Keeping Power In Charge: Federal Hydropower And The Downstream Environment,
2018
University of New Mexico School of Law
Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson
Public Land & Resources Law Review
No abstract provided.
Language Matters: Environmental Controversy And The Quest For Common Ground,
2018
Alexander Blewett III School of Law at the University of Montana
Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic
Public Land & Resources Law Review
No abstract provided.
Center For Biological Diversity V. Zinke,
2018
Alexander Blewett III School of Law at the University of Montana
Center For Biological Diversity V. Zinke, Ryan Hickey
Public Land & Resources Law Review
The oft-cited “arbitrary and capricious” standard revived the Center for Biological Diversity’s most recent legal challenge in its decades-long quest to see arctic grayling listed under the Endangered Species Act. While this Ninth Circuit decision did not grant grayling ESA protections, it did require the United States Fish and Wildlife Service to reconsider its 2014 finding that listing grayling as threatened or endangered was unwarranted. In doing so, the court found “range,” as used in the ESA, vague while endorsing the FWS’s 2014 clarification of that term. Finally, this holding identified specific shortcomings of the challenged FWS finding ...
Friends Of Animals V. United States Fish & Wildlife Service,
2018
Alexander Blewett III School of Law at the University of Montana
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Public Land & Resources Law Review
In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit ...
