Biodiversity & Species
The 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 …
CONTINUE READINGI’m Too Sexy for this Chimp
Growing up, I had always heard of Jane Goodall, knew that she had something to do with primate research, and that she was famous. So when my second-grader came home from school and announced that she had chosen to do a presentation about Goodall, I thought it would be a nice opportunity for me to …
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CONTINUE READINGNinth Circuit corrects itself on gold mining and the ESA
Cross-posted at CPRBlog. The en banc 9th Circuit issued its opinion Friday in Karuk Tribe v. US Forest Service. This opinion brings a welcome reversal of a panel opinion from last April which had ruled in a split decision that the Forest Service did not have to consult with the wildlife agencies before authorizing suction …
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CONTINUE READINGNinth Circuit upholds gray wolf rider
As expected, the Ninth Circuit has now upheld the appropriations rider that directed the Fish and Wildlife Service to reissue its rule removing the gray wolf in Montana and Idaho from the list of endangered and threatened species. (Hat tip: Endangered Species Law and Policy blog.) The panel (all drawn from the Ninth Circuit’s …
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CONTINUE READINGObama Administration Proposes Merging NOAA’s Endangered Species Act Functions Into Department of the Interior
As reported in today’s Wall Street Journal, President Obama has proposed a major government reorganization merging into a single, cabinet-level agency federal trade and commerce responsibilities currently dispersed among a number of different agencies and departments. These reforms, which would require the consent of Congress to implement, would increase government efficiency and reduced federal expenditures. …
CONTINUE READINGGingrich & The Environment
Given Newt Gingrich’s current spurt in the polls, it’s worth taking a bit of a closer look at his environmental views. He favors dismantling EPA, which should make him popular with the tea party. But apparently he has problems in that quarter: The reaction from some conservative commentators was swift and harsh. “Intellectually incoherent,” said …
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CONTINUE READINGNice to know I’m sober
Today the Supreme Court denied certiorari in the case known to that Court as Stewart & Jasper Orchards v. Salazar. So why the headline? This is the commerce clause challenge to ESA protection for the Delta smelt, rejected by the Ninth Circuit this past spring under the name San Luis & Delta-Mendota Water Authority v. …
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