Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| ENDANGERED SPECIES ACT LISTINGS AND CLIMATE CHANGE: AVOIDING THE ELEPHANT IN THE ROOM | Michael C. Blumm & Kya B. Marienfeld | 20 Animal L. 277 (2014) |
The Endangered Species Act (ESA), with its reputation as the nation’s strongest environmental law, might be expected to impose some limits on greenhouse gas (GHG) emissions adversely affecting listed species due to rising global temperatures. Although the federal government recently conceded that some species warrant listing because of climate change, the accompanying listing decisions revealed a federal refusal to apply the ESA to constrain GHG emissions. In this Article, we explain those decisions—involving the American pika, the polar bear, the wolverine, and the Gunnison sage-grouse—and their implications. We conclude with some surprising observations about the Obama Administration’s apparent endorsement of Justice Scalia’s approach to the ESA’s habitat protections, the Administration’s endorsement of constitutional standing rules to limit the effective scope of the statute, the growing significance of the distinction between endangered and threatened species, and the unintended boomerang effects of the administrative reforms of the statute in the 1990s. |
| First national report for the Convention on Biological Diversity - BRAZIL | Brazil Ministry of Environment | This is Brazil's first national report for the Convention of Biological Diversity. The report explains the balance between the interests of countries, which are sources of, and conserve, biological diversity (Brazil and other tropical countries) and the nations that are principally users of such biodiversity (the industrialised countries, consumers of the products of biodiversity and of genetic resources for their biotechnological development). | |
| Can We Stand for It? Amending the Endangered Species Act with an Animal-Suit Provision | Katherine A. Burke | 75 U. Colo. L. Rev. 633 (2004) |
This article argues that the intent of the ESA would be realized if the standing requirements under the act were expanded to include an animal-suit provision in addition to the citizen-suit provision. The article begins with a brief discussion of the legislative history and the statutory requirements of the ESA, and then delineates the doctrine of standing generally. It concludes that the enactment of an animal-suit provision in the ESA would be consistent with the intent behind the ESA, would be a valid exercise of congressional power, would satisfy the principles inherent in the Court's approach to standing, and could be comfortably realized through next friend representation of qualified animal plaintiffs. |
| Casting Aside the Myth: Why Science is Never the Sole Factor in ESA Delisting | Andrea Carrillo | Animal Legal & Historical Center |
This paper illustrates the need and importance for this shift in understanding, and suggest corresponding revisions to the ESA. It gives an overview of the recovery plan provisions and delisting process of the ESA. The paper gives an overview of a recently delisted species, the Western Great Lakes Distinct Population Segment (“WGL DPS”) of the gray wolf, which serves to illustrate in detail the more general analysis of ESA implementation. The paper also provides a framework for the importance behind identifying policy decisions and having greater accountability and consistency in decision-making. |
| Endangered Species Act Split-Listing Chart for Chimpanzees | Hanna Coate | Animal Legal & Historical Center | This split chart details the legal status of chimpanzees based on whether they were born or imported in the US or in foreign countries. |
| Detailed Discussion of Great Apes under the Endangered Species Act | Hanna Coate | Animal Legal & Historical Center | This paper first examines the historical listing of Great Apes under the Endangered Species Act, including the “split listing” of chimpanzees. It then analyzes how the listing status of Great Apes limits their use in various situations such as private possession, scientific research, and entertainment. Finally, the paper discusses the applicable provisions of CITES that restrict the international trade in Great Apes. |
| Overview of Great Apes under the Endangered Species Act | Hanna Coate | Animal Legal & Historical Center | This is a brief overview of the regulation of Great Apes under the Endangered Species Act. |
| Determination of Threatened Status for the California Tiger Salamande | Krista Cotter | Animal Legal & Historical Center |
The FWS through this rule has designated a critical habitat in Santa Barbara County, California for the California Tiger Salamander (Ambystoma califoniese) (CTS) pursuant to the Endangered Species Act of 1973. This rule fulfills the final requirements of the settlement agreement reached in Center for Biological Diversity v. U.S. Fish and Wildlife Service. The reason for the designation of critical habitat for the CTS is the net loss in CTS grazing land over a 10 – 12 year period due to extensive farming, regardless of the efforts made to increase the amount of suitable grazing land. As a result of the designation of land as critical habitat for the CTS, federal agencies will have to consult with the FWS prior to undertaking or authorizing activities that may impact the habitat. |
| Regulation for Nonessential Experimental Populations of the Western Distinct Population Segment (DPS) of the Gray Wo | Krista Cotter | Michigan State University College of Law |
This overview compares the proposed regulation (68 FR 15879) and the changes made in the recent final rule (70 F.R. 1286) that concerns the Western Distinct Population Segment for the Gray Wolf (Canis lupus). |
| Critical Habitat Summary for Boulder Darter and Spotfin Chub | Krista M. Cotter | Animal Legal & Historical Center |
This final rule is a collaborative effort between the FWS and the states of Tennessee and Alabama and Conservation Fisheries, Inc. to reintroduce the boulder darter (Etheostoma wapiti), an endangered fish, and the spotfin chub (Cyprinella (=Hybopsis) monacha), a threatened fish to its historical habitat in Lauderdale County Alabama and Lawrence County, Tennessee. This rule provides for Non-essential Experimental Populations (NEP) within the designated area and it establishes limited allowable legal takings in that area. Additionally, this rule also changes the scientific name of the spotfin chub from Cyprinella (=Hybopsis) monacha to Erimonax monachus, to reflect a recent change in the scientific literature. |