Environmental: Related Articles

Authorsort descending Article Name Summary
DON'T FENCE ME IN--APPLICATION OF THE UNLAWFUL INCLOSURES OF PUBLIC LANDS ACT TO BENEFIT WILDLIFE The Bureau of Land Management and the Forest Service manage millions of acres of public land across the United States. Most of this land serves more than one purpose-grazing, mining, recreation, timber, wildlife-and thus must remain available for these uses. Historically, the Unlawful Inclosures Act (UIA) preserved access for ranchers and homesteaders. More recently, the UIA has also protected access for wildlife whose movements are impeded by fences or other illegal obstructions. This article argues that such protection should be extended to the Sonoran pronghorn antelope in the southwestern United States.
Kyle Ash Why “Managing” Biodiversity Will Fail: An Alternative Approach To Sustainable Exploitation For International Law

The role of humans in mass extinctions necessitates an assessment of the collective human psychology responsible for the degradation of Earth’s life support systems. In this paper, the Author will cite instruments and discourse relevant to international environmental law to illustrate how an antiquated conception of biological hierarchies is condoned whenever other species are mentioned.

Cassandra Burdyshaw Detailed Discussion of the Laws Concerning Invasive Species This paper introduces the concept of invasive species and give examples of how they threaten the economy and ecosystem and human health. It then examines the federal laws that address invasive species, as well as examples of state responses to invasive species. The methods of control and eradication of invasive species are explained. Finally, the paper discusses the impact that these laws and methods have on animal welfare.
James D. Crammond SCREENING WATER DIVERSIONS FOR FISH PROTECTION: A SURVEY OF POLICY, PRACTICES AND COMPLIANCE IN THE PACIFIC NORTHWEST Unscreened surface water diversions damage and kill young fish. The decline of anadromous fish stocks in the Columbia Basin puts a premium on protection of juvenile salmon. State laws require screens on surface water diversions, but compliance has been poor. The Endangered Species Act and the Northwest Power Act have motivated and funded a massive remedial screening effort since 1991. Effective screens, installed with ratepayer and taxpayer funds, have dramatically improved fish protection at diversions. However, many harmful diversions remain. This paper concludes that, although progress has been swift full compliance in 1996 is problematic. Greater incentives and enforcement are essential to complete screening in the Columbia Basin. After full compliance, maintenance and eventual replacement of screens are essential to the screening program's continued success. To avoid another Endangered Species Act "train wreck " states must transfer their screening experience to other watersheds in order to improve conditions for their native and resident fish.
Coby Dolan EXAMINING THE VIABILITY OF ANOTHER LORD OF YESTERDAY: OPEN RANGE LAWS AND LIVESTOCK DOMINANCE IN THE MODERN WEST In this comment, the author explores the development of open range laws in Oregon and other western states and argues such laws should be abolished or drastically amended. Common law requires ranchers to fence livestock in or face liability for damages caused by strays. However, historical customs and practices of Western states were shaped by vast open lands and sparce populations, leading to open range customs which required a landowner to fence "out" livestock to protect their property. This comment focuses on the case of Dr. Patrick Shipsey, an Oregon landowner convicted of shooting cattle that wandered onto his land. Through this discussion, the viability of open range statutes is discussed and the ongoing debate exposed. Policy alternatives are proposed that reflect modern demographic changes and a re-balancing of the economic and environmental burdens of ranching practices.
Gwendellyn Io Earnshaw EQUITY AS A PARADIGM FOR SUSTAINABILITY: EVOLVING THE PROCESS TOWARD INTERSPECIES EQUITY The concept of sustainability has evolved through a wide variety of definitions. Traditionally, sustainability was seen as a system of management which would allow humans to perpetually exploit the world's natural resources; that is, to manage resources so they would never be depleted. More recently, however, writers have argued the traditional concept of sustainability has failed because a truly sustainable system recognizes all resources and stakeholders for their inherent value. Equity is thus the essential ethic of a sustainable system. This article adopts this modern view of sustainability and identifies interspecies equity-the consideration of nonhuman animals based upon their inherent self-interests-as the embodiment and ultimate test of a truly sustainable system. By identifying the negative impacts of suppressing interspecies equity and citing examples of how to incorporate the sustainable ideal of interspecies equity, this article points the way toward a truly equity-based ethic of sustainability.
Jane Goodall THE CONFLICT BETWEEN SPECIES IN AN EVER MORE CROWDED WORLD From the courtroom, to Capitol Hill, to the international arena, the struggle for animal rights continues (as it does too for human rights). In this volume of Animal Law, several authors discuss how the legal rights of humans compete with those of animals. Rick Eichstaedt's article, "Save the Whales" v. 'Save the Makah": The Makah and the Struggle for Native Whaling, discusses the competing interests of the Makah Indian tribe and the gray whale. The Makah will begin hunting gray whales for the first time in over seventy years in the fall of 1998. Some defenders of indigenous peoples' rights argue that the Makah should be allowed to return to their traditional ceremonial practice. Animal rights groups argue that it is not right to kill even one whale. There are no easy answers in conflicts such as these.
De Anna Hill Combating Animal Cruelty with Environmental Law Tactics

Many individuals and citizen groups view federal and state anti-cruelty statutes as inadequate in protecting animals and in providing sufficient remedies. Unlike animal cruelty statutes like the Animal Welfare Act (AWA), many of the federal environmental statutes provide citizen suit provisions or otherwise allow interested parties to sue for enforcement. Citizen suit provisions in environmental statutes increase accessibility of the courts to the public. There are many instances where citizens groups have filed federal environmental citizen suits against federal agencies and private facilities that would be considered by many to be actively involved in or to have facilitated acts of animal cruelty. Animal protectionists have attempted and continue to attempt to further protection of animals by filing or supporting suits under environmental law against federal agencies and private facilitators of animal cruelty.

John T. Hollerman In Arkansas Which Comes First, the Chicken or the Environment?

This article looks at the effect of Arkansas' extensive poultry industry, which operates without regulation, on the environment, wildlife, fish and water quality.

Dan Holwerda Finding the Balance: The Environmental Policies of a State's Department of Natural Resources or Department of Game and Fish

This discussion explores the apparent conflict of interests between pro-hunting and anti-hunting advocates in the management of state natural resources by state agencies. Section one describes the history of the Pittman-Robertson Act and its effects on how States implement their environmental policies. Section two describes how it appears that each State’s Department of Natural Resources or Department of Game and Fish caters only to the hunter in designating and implementing its environmental policies. Section three discusses the “intelligible principle” and its application in all the above-mentioned states. Specifically, the section will discuss how some anti-hunting organizations and other environmental organizations, which may or may not be anti-hunting, attempt to show that a state legislature has unconstitutionally delegated its authority to its Department of Natural Resources or Department of Game and Fish in order to show that the current system of determining and implementing state environmental policies is null and void. Finally, section four describes how the environmental policy interest of hunters is really the same as other (non-hunting) pro-environment/natural resource groups.

Blake Hudson The Public and Wildlife Trust Doctrones and the Untold Story of the Lucas Remand

This article seeks to address more thoroughly how the historical “old maxims” of the public and wildlife trust doctrines can be used as Lucas background principles of property law to overcome takings challenges brought against state and federal environmental regulations. First, the historical underpinnings of the public trust doctrine and the wildlife trust doctrine prior to the founding of the nation are described. The Illinois Central Railroad v. Illinois and Geer v. Connecticut, which are the key Supreme Court cases establishing the validity of these doctrines in the United States are summarized. The author asserts that the doctrines may be interchangeably applied as a means of protecting important environmental resources. The author illustrates how the use of these doctrines might have changed the ultimate outcome of the Lucas case.

Lisa Johnson ENVIRONMENTALLY FRIENDLY RANCHING? AN INTERVIEW ON THE HIGH DESERT The following is an interview with Doc Hatfield about his views on raising cattle and his association with Oregon Country Beef, a cooperative organization that his wife, Connie, helped start in 1986. Doc was on his cell phone while we talked, as he and Connie were on their way to Portland from their High Desert Ranch in Brothers, Oregon to give a talk to an agricultural group. Connie was driving while Doc and I spoke. They have a rule against driving and talking on the phone at the same time. I agreed that was probably a good policy.
Tom Krepitch Brief Summary of Whaling Early in the twentieth century, the technology used in whaling advanced so significantly that the global whale population became threatened. Efforts to decrease the number of whales killed grew after World War II and resulted in a major victory in the 1980s when commercial whaling was banned. However, this ban is still a major source of controversy as Japan continues to kill hundreds of whales each year in the Antarctic under what it calls a scientific whaling exception, but Australia labels as mere cover for a commercial whaling program.
Ann Linder Detailed Discussion of Elephants and the Ivory Trade This paper will examine the global ivory trade and its effect of elephant populations. It begins with a historical discussion of ivory demand as well as the relationship between elephants and ivory. The paper then looks at poaching rates over time and the poaching industry generally. Next, the paper considers two competing approaches to elephant conservation and catalogues how they have informed CITES decisions regarding elephants beginning in 1975. In addition, it discusses relevant laws in ivory-producing nations and consuming nations. Finally, the paper examines U.S. laws regarding elephants and ivory, as well as legal challenges to those policies.
Ann Linder Brief Summary of Elephants and the Ivory Trade This paper will examine the global ivory trade and its effect of elephant populations. It begins with a historical discussion of ivory demand as well as the relationship between elephants and ivory. The paper then looks at poaching rates over time and the poaching industry generally. Next, the paper considers two competing approaches to elephant conservation and catalogues how they have informed CITES decisions regarding elephants beginning in 1975. In addition, it discusses relevant laws in ivory-producing nations and consuming nations. Finally, the paper examines U.S. laws regarding elephants and ivory, as well as legal challenges to those policies.
Ann Linder Overview of Elephants and the Ivory Trade This paper gives an overview of issues surrounding the global ivory trade and its effect on elephant populations. It touches upon the historical development of ivory demand as well as the relationship between elephants and ivory. The paper then looks at poaching rates over time and the poaching industry generally as well as the two competing approaches to elephant conservation. Finally, laws and policies supporting elephant conservation are discussed.
Reed Elizabeth Loder Breath of Life: Ethical Wind Power and Wildlife

From the article: This article examines the toll on wildlife associated with inland wind power generation, an issue ethically less amenable to balancing costs and advantages. I shall identify factors that should be considered in policy decisions on research, placement, and operation of wind facilities, providing some theoretical justifications for this ethical framework. Although I leave technical and legal analyses of wind policy largely to others, those perspectives inevitably implicate ethics. I contend that making explicit the ethical underpinnings of law and policy discussions results in a more reflective, deliberative process and more justified decisions.

Marilyn Lee Nardo FEEDLOTS-RURAL AMERICA'S SEWER Over one billion tons of animal waste is produced each year in the United States by animal feedlot operations (AFOs). In 1995 alone, 63.5 million gallons of manure spilled from AFOs. Manure spills poison rivers, lakes, and ponds, seep into groundwater, causing fishkills, human disease, and death. The United States Environmental Protection Agency, reports that AFOs are a primary factor in the impairment of forty percent of the nation's waterways. Despite these conditions, there are no federal standards for the storage, application, or management of animal waste. This Comment evaluates the existing regulation of AFOs under the Clean Water Act and proposes that new regulations and stricter enforcement of the current NPDES program are necessary to protect public and environmental health from manure contamination.
Marilyn Lee Nardo FEEDLOTS—RURAL AMERICA’S SEWER Over one billion tons of animal waste is produced each year in the United States by animal feedlot operations (AFOs). In 1995 alone, 63.5 million gallons of manure spilled from AFOs. Manure spills poison rivers, lakes, and ponds, seep into groundwater, causing fishkills, human disease, and death. The United States Environmental Protection Agency, reports that AFOs are a primary factor in the impairment of forty percent of the nation's waterways. Despite these conditions, there are no federal standards for the storage, application, or management of animal waste. This Comment evaluates the existing regulation of AFOs under the Clean Water Act and proposes that new regulations and stricter enforcement of the current NPDES program are necessary to protect public and environmental health from manure contamination.
Zygmunt J.B. Plater Human-Centered Environmental Values Versus Nature-Centric Environmental Values: Is This the Question?

(c) 2014 Zygmunt J.B. Plater. Originally published in Michigan Journal of Environmental & Administrative Law; reprinted with permission.
Leana E. Stormont Overview of Hog Farming in Iowa

This article describes the decline of family hog farming in Iowa and how farming has transitioned to an industrial model of swine production.

Melissa Towsey Something Stinks: The Need for Environmental Regulation of Puppy Mills

This Comment defines the current federal and state regulations targeting the commercial breeding industry. It critically examines the successes and failures of current legislation regulating commercial breeders. The article considers the environmental impacts of large commercial breeding facilities and suggest that these operations should be regulated as animal feeding operations (AFOs). Finally, Section V evaluates the need for further federal and state governmental regulation of commercial breeding facilities through pollution control and waste management, thereby ensuring the well-being of commercially-bred dogs as well as the local environment.

University of Colorado Boulder Natural Resources Law Center AGENDA: Who Governs the Public Lands: Washington? The West? The Community? This second annual western lands conference explored federal initiatives about policy objectives and management approaches for public lands in the West, including the Colorado Grazing Roundtable and Rangeland '94, Option 9 and the Pacific Northwest forests, bypass flows and Colorado national forests, and wilderness protection in Utah. Speakers were from federal agencies; from states; from groups concerned with the use and protection of the public lands; and from academia.
Andrea Vitalich HONORABLE DISCHARGE : PAWS V. DEPARTMENT OF THE NAVY This article explores the implications of Progressive Animal Welfare Society v. Dep't of Navy and presents one possible vision of the National Environmental Protection Act (NEPA) in the area of animal protection. The author begins by examining NEPA and the Progressive case, and what the case may mean for marine mammals. Next, the author considers the possible applications of the Progressive holding to the protection of other animals. Finally, the author concludes that NEPA, through reverse impact studies, remains the best hope for preserving this country's wildlife.
Rebecca F. Wisch Detailed Discussion of State Cat Laws

This discussion analyzes the relevant state laws that affect cats. It also raises and attempts to answer several questions directed to cat owners, including licensing of cats, the feral cat problem, and state vaccination requirements.