Endangered Species Act
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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CONTINUE READINGThe 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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CONTINUE READINGWild 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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CONTINUE READINGIt’s Not Waste, It’s An Ecosystem
Letting rivers flow supports ecosystems and people
One thing that droughts in the West provoke are political battles over water. The drought that California is currently in is no exception. Republicans in the U.S. House of Representatives have just passed a bill that would – more or less – exempt farmers in the Central Valley from environmental laws like the Endangered Species …
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CONTINUE READINGPine Beetles, Environmental Law, and Climate Change Adaptation
Inflexible laws may be the best response to climate change
Anyone who lives or has visited the Intermountain West over the past decade or so has noticed the devastating impact of a mountain pine beetle epidemic on the pine forests from Arizona and New Mexico all the way up to British Columbia and Alberta. As a result of warmer winter weather because of climate change, …
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CONTINUE READINGU.C. Davis’ “ESA at 40” Conference Now Available for Online Viewing
The federal Endangered Species Act turned 40 this past weekend. On December 28, 1973, then-President Richard Nixon signed into law what has proven to be the nation’s most controversial environmental law. So it’s an especially appropriate time to alert Legal Planet readers that a major, recent conference on the ESA sponsored by the U.C. Davis …
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CONTINUE READINGIs Missouri v. Holland in the Court’s crosshairs?
Justices look for limits on Treaty Power in domestic dispute case
The headline environmental cases at the Supreme Court this term are of course about the Clean Air Act, specifically about its application to cross-state pollution (as Dan has explained here) and to greenhouse emissions (as Ann has addressed here and here). But sometimes cases that at first glance seem wholly unrelated to the environment could …
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CONTINUE READINGU.C. DAVIS LAW SCHOOL CONVENES “ESA AT 40” CONFERENCE
U.C. Davis School of Law’s California Environmental Law & Policy Center to host major conference commemorating the 40th anniversary of the federal Endangered Species Act
This Friday, October 4th, the U.C. Davis School of Law’s California Environmental Law & Policy Center (CELPC) will convene a major conference commemorating the 40th anniversary of the federal Endangered Species Act. “The ESA at 40: Examining Its Past and Exploring Its Future” will bring to King Hall a broad array of ESA experts, including …
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CONTINUE READINGDe-Extinction Conference
Last month, I participated in a conference on the topic of de-extinction — efforts to resurrect all or part of the genome of extinct animals. The goal would be to have something very much akin to the wooly mammoth or the passenger pigeon, perhaps released into the wild. (And no, this isn’t going to work …
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CONTINUE READINGGood environmental data matters for environmental litigation
If you aren’t reading Dave Owen’s blog posts over at Environmental Law Prof Blog, you should be. His most recent post is about a recent Endangered Species Act (ESA) case in Texas: Environmental plaintiffs sued, arguing that the state of Texas had allowed too many water withdrawals upstream from the Aransas National Wildlife Refuge, a critical breeding …
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