Minnesota Dep’T Of Nat. Res. V. Manoomin,
2023
University of Montana
Minnesota Dep’T Of Nat. Res. V. Manoomin, Anna Belinski
Public Land & Resources Law Review
In 2021 manoomin (wild rice), a legally recognized person in White Earth Band tribal law, brought a case in White Earth Band of Ojibwe Tribal Court against the Minnesota Department of Natural Resources. Wild rice brought this case against the Minnesota Department of Natural Resources’ over its issuance of a water permit to Enbridge Inc. for the construction of the Line 3 oil pipeline. Though ultimately ruling that the Tribal Court did not have subject matter jurisdiction because the activity at issue occurred by non-Indians outside of the reservation boundaries, this case still brings a novel consideration in the tribal …
Ysleta Del Sur Pueblo V. Texas,
2023
University of Montana
Ysleta Del Sur Pueblo V. Texas, Sawyer J. Connelly
Public Land & Resources Law Review
The United States Supreme Court ruled in favor of the Ysleta Del Sur Pueblo and Alabama and Coushatta Indian Tribes. The Court’s decision settles a conflict around bingo stemming from a long series of conflicts between Ysleta del Sur Pueblo and Texas gaming officials dating back to the 1980s. The court held the Texas Restoration Act bans only gaming on tribal lands that is also banned in Texas. This decision upholds previous caselaw that states cannot bar tribes from gaming that is not categorically banned in the state.
Environmental Defense Center V. Bureau Of Ocean Energy Management,
2023
University of Montana
Environmental Defense Center V. Bureau Of Ocean Energy Management, Eliot M. Thompson
Public Land & Resources Law Review
The United States Court of Appeals for the Ninth Circuit upheld the district court’s grants of summary judgment and injunctive relief against BOEM for violating the ESA and CZMA. The Ninth Circuit found BOEM violated NEPA, CZMA, and the APA by failing to adequately consider the environmental impacts of well stimulation treatments. The Ninth Circuit also reversed the lower court’s grant of summary judgment against the Environmental Defense Center for their NEPA claims.
Metlakatla Indian Community V. Dunleavy,
2023
University of Montana
Metlakatla Indian Community V. Dunleavy, Elizabeth L. Orvis
Public Land & Resources Law Review
The United States Court of Appeals for the Ninth Circuit reversed the District Court of Alaska’s judgment that dismissed the Metlakatla Indian Community’s suit against Alaska’s limited entry program. On appeal, the Ninth Circuit addressed whether and to what extent the 1891 Act preserved an implied off-reservation fishing right for members of the Metlakatla Indian Community. The Ninth Circuit ruled in favor of the Metlakatla Indian Community but remanded to the district court to determine the boundaries of the traditional off-reservation fishing grounds. Motions for rehearing and rehearing en banc were denied.
Ctr. For Biological Diversity V. United States Fish & Wildlife Serv.,
2023
University of Montana
Ctr. For Biological Diversity V. United States Fish & Wildlife Serv., Ali Stapleton
Public Land & Resources Law Review
The Ninth Circuit Court of Appeals affirmed the District Court of Arizona’s decision to deny a proposed mining plan becuase the operations exceeded the boundaries of a valid mining claim. The issue the court addressed is whether a permanent occupancy of waste rock and tailings on land, absent the discovery of valuable minerals, is a reasonable use related to mining activities. The Ninth Circuit decision effectively prevented mining companies from amending the 1872 Mining Law on the administrative record. Motions for a rehearing and a rehearing en banc were denied.
Species Survival Or The “3s Method”? How The Endangered Species Act Disincentivizes Landowner Cooperation And Threatens The Species It Supposedly Saves,
2023
Texas A&M University School of Law (Student)
Species Survival Or The “3s Method”? How The Endangered Species Act Disincentivizes Landowner Cooperation And Threatens The Species It Supposedly Saves, William Edward Mahaffy
Texas A&M Journal of Property Law
The Endangered Species Act (ESA) places restrictions on landowners when their property harbors endangered species. Though well-intentioned as a method of promoting species recovery, these restrictions actually have the reverse effect. Instead of accepting ESA regulations, landowners secretly eliminate endangered species from their property in what is colloquially known as “shoot, shovel, and shut up.” Collaboration between landowners and agencies is essential for species preservation. This Article illustrates the collaboration options, some within the limits of the ESA and others requiring its reform. The four options analyzed are (1) landowner peer review of species listing procedures, (2) congressional clarification of …
It Takes Two: Cites, Illegal Wildlife Trade, And Importing Country Accountability,
2023
William & Mary Law School
It Takes Two: Cites, Illegal Wildlife Trade, And Importing Country Accountability, Erica Lyman
William & Mary Environmental Law and Policy Review
This Article proposes that the CITES [Convention on International Trade in Endangered Species of Wild Fauna and Flora] compliance mechanism is fit-for-purpose in its design but its application is biased against source countries and ignores consumer countries both as drivers of illegal wildlife trade and as noncompliant actors. Bringing a justice-based sensibility to the application of the CITES compliance process requires a whole-of-supply-chain analysis and, drawing on the core relational foundations of the treaty, an international perspective, to identity the root causes of non-compliance that allow illegal trade to fester. Ultimately, the compliance mechanism must gel with the machinery and …
Following The Framework: Intentional Genomic Alterations In Animals,
2023
University of Arkansas, Fayetteville
Following The Framework: Intentional Genomic Alterations In Animals, Sarah Copper
Journal of Food Law & Policy
Intentional genomic alterations in animals or genetically engineered animals have existed in their modern form since the 1980s. However, the introduction of these animals into our food supply has been a more recent development. The federal government has taken steps in an attempt to regulate these products in a streamlined and efficient manner but has faced criticism in their approach. While the Food and Drug Administration (“FDA”) is currently responsible for the regulation of intentional genomic alterations (“IGAs”) in animals, there is significant effort behind transferring that oversight to the United States Department of Agriculture (“USDA”). However, in the meantime, …
The Cost Of Compassion: Why State Ballot Initiatives Complicate Farm Animal Welfare And Overlook The True Problems In Modern Agriculture,
2023
University of Arkansas, Fayetteville
The Cost Of Compassion: Why State Ballot Initiatives Complicate Farm Animal Welfare And Overlook The True Problems In Modern Agriculture, Seth Victor
Journal of Food Law & Policy
Farm animal welfare is a concern for many Americans, both among those who value a higher standard of care for the animals’ own sake, and those concerned with food safety. Industrial agriculture has become the dominant form of animal production to satiate a daunting demand for meat, eggs, and dairy products. Industrial animal-raising facilities, also known as concentrated animal feeding operations (“CAFOs”), prioritize volume and efficiency and are a key factor in keeping consumer prices low. CAFOs are highly specialized and excel at production by minimizing inputs, maximizing confined animals, and externalizing environmental costs. This production method comes at the …
A Uniform Approach To Farm Animal Welfare Laws: Thought For Our Food Instead Of Food For Our Thought,
2023
University of Arkansas, Fayetteville
A Uniform Approach To Farm Animal Welfare Laws: Thought For Our Food Instead Of Food For Our Thought, Channing Burd
Journal of Food Law & Policy
We have all seen the commercials and know “Happy Cows Come from California,” but there is a larger issue hidden inside the phrase. Why should not all farm animals be happy, regardless of which state they were raised in? Why are only the cows in California happy, but not the chickens and the hogs as well? Farm animal welfare in the United States needs regulatory overhaul, and we needed it decades ago. This article will illustrate why regulatory overhaul is needed. First, we will examine how a new system of laws, which are part of a uniform code enacted by …
Justice For Dogs,
2023
Mesa, Arizona
Justice For Dogs, Alexander J. Lindvall
Arkansas Law Review
This Essay summarizes the Fourth Amendment’s protection of dogs. The Fourth Amendment protects people from unreasonable seizures. And nearly every circuit has held that it is unreasonable (and therefore unconstitutional) for an officer to shoot (seize) a dog without a very good reason. Killing a nonthreatening family pet is one of the most egregious forms of police misconduct. The courts rightfully recognize that the unjustified harming of a dog violates the Fourth Amendment.
Man's Best Friend? Fda Adopts New Rule In Wake Of Pet Deaths, But Will It Have A Significant Impact On The Pet Food Industry?,
2023
University of Arkansas, Fayetteville
Man's Best Friend? Fda Adopts New Rule In Wake Of Pet Deaths, But Will It Have A Significant Impact On The Pet Food Industry?, Amanda Paige Marcum
Journal of Food Law & Policy
Eight years after the largest pet food recall in U.S. history,' pet owners are still grappling with mysterious pet illnesses and deaths associated with commercial pet food. This comment discusses a number of issues related to the Food Safety Modernization Act ("FSMA") . First, it looks at a brief history of pet food industry regulation. Second, it examines the mystery of pet deaths related to jerky treats made in China. Third, it discusses recent developments in the law in response to those pet deaths. Fourth, it considers the implications of the rule and how it will affect the standards applicable …
An Empirical Study Of The Nation's First Court Animal Advocate Law,
2023
University of Connecticut School of Law
An Empirical Study Of The Nation's First Court Animal Advocate Law, Jessica Rubin, Tara Cooley
Faculty Articles and Papers
No abstract provided.
Jurisprudence And Animal Protection,
2023
San Francisco State University
Jurisprudence And Animal Protection, Carlos Montemayor
Animal Sentience
Jurisprudence is based on normative principles that go beyond instrumental reasoning and practical goals concerning what is convenient. It concerns justice and truth. The empirical evidence justifies the legal protection of various species on legal grounds. Given the risks we face regarding climate degradation, international legal agencies must expand the framework of human rights and environmental law in order to effectively protect animals and their environments.
The Common Law Of Landscape Hostility In The Lives And Deaths Of Honeybees,
2023
University of St. Thomas (MN)
The Common Law Of Landscape Hostility In The Lives And Deaths Of Honeybees, Caleb Goltz
Animal Studies Journal
This article offers a legal explanation for the decline of honeybees. While most investigations into bee populations and bee survival rates have been scientific, this article provides an additional set of causes, showing how our legal definitions of property and standards of negligence contribute to a landscape hostile to the lives of bees. Examining recent litigation in the United States and Canada, it shows how legal concepts of property impact the lives of bees, especially in cases of pesticide overspray near property boundaries, and in the forms of knowledge and ignorance in play in contesting duties of care in negligence …
Federal Funding Statutes And State-Federal Wildlife Authority: Did Congress Demonstrate A Preference For State Wildlife Management Authority With Pittman-Robertson And Dingell-Johnson?,
2023
University of Montana, Missoula
Federal Funding Statutes And State-Federal Wildlife Authority: Did Congress Demonstrate A Preference For State Wildlife Management Authority With Pittman-Robertson And Dingell-Johnson?, James Vaughan Branch
Graduate Student Theses, Dissertations, & Professional Papers
The Federal Aid in Wildlife Restoration Act of 1937 now known as Pittman-Robertson and Federal Aid in Sport Fish Restoration Act of 1950 now known as Dingell-Johnson are federal statutes which stand as the original and perhaps most significant federal funding statutes supporting state wildlife conservation and management. Congress’s decision to pass these statutes may be argued to be a prima facie endorsement of state wildlife agencies (SWA) as the primary managers of wildlife since each statute dedicated substantial federal excise revenue to SWAs. We hypothesized we would find consistent evidence in favor of primary state management authority over wildlife. …
Manure, Methane, And Money: The Anaerobic Digester Disaster In California,
2023
Lewis & Clark Law School
Manure, Methane, And Money: The Anaerobic Digester Disaster In California, Pegga Mosavi
Animal Law Review
The small, idyllic family farms that come to mind at the first mention of farming are all but gone, replaced by enormous factories that churn out animals at record speed, with little regard for their health and welfare. These factory farms produce a host of issues, including pervasive water and air pollution, particularly in vulnerable agricultural communities like those of the San Joaquin Valley in California. While the detriments of the factory farm model are numerous, contribution to climate change in particular has garnered significant attention. Animal agriculture in the U.S. produces 36% of the country’s methane, a greenhouse gas …
Bringing Dinosaurs Back: The Moral & Legal Complications,
2023
Lewis & Clark Law School
Bringing Dinosaurs Back: The Moral & Legal Complications, Kacey Hovden
Animal Law Review
From Hollywood blockbusters to your local natural history museums, dinosaurs have captured the attention and wonder of the public for decades. The possibility of bringing these long extinct creatures back, once a science-fiction fantasy, is now closer to reality than ever before through a process known as “de-extinction.” This Article dives into the exploitative nature inherent in the de-extinction of dinosaurs, studying the University of Montana’s Dr. Jack Horner’s “dinochicken project” and the moral considerations implicated when conducting mass genetic engineering on sentient beings. The Article then centers itself on the ecological and legal complications likely to arise if a …
Policy Concern For Disabled Individuals With Service Dogs,
2023
Mitchell Hamline School of Law
Policy Concern For Disabled Individuals With Service Dogs, Beth Carmain
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Damages For Tortious Harm To Pets: Minnesota's Market Value Approach Severely Undercompensates Plaintiffs,
2023
Mitchell Hamline School of Law
Damages For Tortious Harm To Pets: Minnesota's Market Value Approach Severely Undercompensates Plaintiffs, Morgan Phelps
Mitchell Hamline Law Review
No abstract provided.
