Biodiversity & Species
U.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 READINGFeds Argue California’s Shark Fin Ban Is Preempted in Third-Party Litigation
In 2011, the State of California enacted a ban on the sale, possession and trade of shark fins. California’s ban follows similar laws passed by Hawaii, Washington and Oregon over the past few years. The legislation, codified as California Fish & Game Code sections 2021 and 2021.5, followed years of advocacy by marine conservation groups, …
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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 READINGOR-7 returns to Oregon
As we reported here, a gray wolf designated as OR-7 crossed from Oregon into California in December 2011, marking the first time a wolf had been confirmed in California in more than 75 years. More than a year and many travel miles later, OR-7 this week crossed back into Oregon. Both states’ wildlife agencies have …
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CONTINUE READINGNinth Circuit takes up NRDC v. Salazar en banc
The Ninth Circuit today issued an order granting rehearing en banc in NRDC v. Salazar, meaning that an 11-member panel will now reconsider the 3-judge panel decision issued last July. (Hat tip: Endangered Species and Wetland Report.) This is very good news, because the (split) panel decision was wrong in important respects. (Full disclosure — …
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CONTINUE READINGD.C. Circuit Affirms Polar Bear Listing
In an opinion released earlier today, the D.C. Circuit Court of Appeals unanimously rejected challenges to the listing of the polar bear as a threatened species under the Endangered Species Act. Read the full opinion, In re: Polar Bear Endangered Species Act Listing and Section 4(d) Rule Litigation – MDL No. 1993. Holly has discussed …
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CONTINUE READINGThe US wins the latest round in the Casitas saga
In 2008, the Federal Circuit surprised a lot of legal academics by ruling that the Casitas Municipal Water District’s takings claim, which arose from a requirement that the district construct and operate a fish ladder to allow endangered steelhead to pass its diversion dam, should be analyzed using the physical takings test. That didn’t resolve …
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CONTINUE READINGThe Significance of NOAA’s Recent Proposal to Protect 66 Coral Species
Citing threats associated with climate change, the National Oceanic and Atmospheric Administration (“NOAA”) proposed on December 7, 2012 to list 66 coral species under the Endangered Species Act (“ESA”), and to reclassify two already-listed Caribbean coral species from “threatened” to “endangered.” According to NOAA Fisheries, this was “the most complex listing process NOAA has ever …
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CONTINUE READINGShould we revive an extinct Galapagos tortoise?
Cross-posted at CPRBlog. The Washington Post reports today that scientists think they can resurrect the Pinta Island subspecies of Galapagos tortoise whose last remaining member, “Lonesome George” (pictured), died this summer. Scientists at Ecuador’s Galapagos National Park say they have found enough Pinta Island genetic material in tortoise on another nearby island that an intensive …
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CONTINUE READINGOn “pretextual” listings of species for protection under the Endangered Species Act
The folks over at Pacific Legal Foundation’s (PLF) blog have been nice enough to post about an article that I co-authored with Berry Brosi at Emory University (paywall protected, unfortunately!). The article investigates the role that citizen petitions and citizen suits play in the process of listing species for protection under the Endangered Species Act …
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