Endangered Species Act

California Members of Congress Seek to Eviscerate State Water & Environmental Laws

H.R. 23 Would Preempt California State Water Law & Supersede Federal, State Environmental Statutes

Quite understandably, the attention of the media, environmental organizations and the general public has been focused on the myriad misadventures of the Trump Administration, now rumbling and stumbling through its fifth month.  And, as recounted on Legal Planet since mid-January, those contretemps include a great deal of environmental mischief emanating from the Executive Branch. But it …

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Is the Endangered Species Act a success?

Why the number of listed species that are no longer endangered is not a good measure of the Act’s success

The Republican-controlled Senate Environment and Public Works Committee held hearings a couple of weeks ago on “reforming” the Endangered Species Act.  (Coverage here and here, second link behind a paywall.)  An important theme of the hearing was arguments by Republican Senators that the ESA has failed because only a small fraction of species listed for …

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California’s internecine water war

Dianne Feinstein versus Barbara Boxer; maximizing water deliveries versus protecting the environment

If you thought California was immune to the season of political craziness, think again. California Democrats Dianne Feinstein and Barbara Boxer were elected to the Senate together in 1992. They are usually on the same side, but not always. Water is one of the issues on which they often part company. Feinstein is a water …

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Oak woodlands and wine

A recent controversy highlights the impacts of wine industry on native California oak woodlands

A popular San Luis Obispo county winemarker is suffering a backlash in restaurants after press reports that the winemaker bulldozed oak woodlands to expand production—possibly in violation of a county land grading ordinance. The dispute (as this Wine Enthusiast piece makes clear) is not a novel one.  There is a long history of winemakers in …

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Dueling California Drought Relief Bills Debated on Capitol Hill

Stark Differences Emerge Between Competing House and Senate Bills

What can and should the federal government do to assist the State of California in weathering the worst drought in recorded state history? While the U.S. House of Representatives is embroiled in a chaotic political debate over selection of a new House Speaker, the more deliberate consideration of new legislation continues apace in the Senate. …

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Could a Riparian Conservation Network increase the ecological resilience of public lands?

A new article suggests river corridors could leverage existing policies to build habitat connectivity

As we try to protect biological diversity for the future, a perpetual challenge is ensuring that the strategies we adopt today will continue to work in the face of changing conditions. How can we design conservation approaches that will be resilient in the face of environmental challenges that will only become more severe in coming years? …

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It’s a Wonderful Law?

A thought experiment about the role of the ESA in California water management

[This post is co-authored by A. Dan Tarlock, Distguished Professor of Law, IIT Chicago-Kent College of Law.] Remember the movie “It’s a Wonderful Life,” which shows up on TV every year at Christmas season? In it George Bailey, played by Jimmy Stewart, gets a great gift from Clarence, an angel-in-training who intervenes as George is …

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The ESA and the Commerce Clause

The federal Endangered Species Act (ESA) is widely known for being the primary law in the United States that focuses on protecting biodiversity, and also for being a “pit bull” of environmental laws that has few exceptions and broad sweep. (For instance, the ESA was a major component of the litigation strategy by environmental groups …

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The Future of Conservation

Earlier this year I wrote critically about a New York Times op-ed that proposed making the restrictions on development in wilderness areas more flexible in order to allow for adaptation to climate change. This week the Times published what I think is a much more helpful op-ed on the topic of how we should address …

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Wild horses and the goals of nature protection

A petition to list wild horses as endangered or threatened highlights questions about what our conservation laws should protect

  Friends of Animals and The Cloud Foundation have filed a petition seeking listing of the wild horse in the American west as an endangered or threatened species. Given that, according to the petition itself, there are currently some 34,000 wild horses on public lands in the west (with other estimates closer to 50,000), listing …

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