Results
| Title |
Author |
Citation | Summary |
|---|---|---|---|
| Is Recovered Really Recovered?: Recovered Species Under the Endangered Species Act | James L. Noles | 39 Cumb. L. Rev. 387 (2008-2009) |
This article explores the delisting process for the Endangered Species Act undertaken by the U.S. Fish & Wildlife Service. It examines the mechanism of the delisting process and then looks at the recovery of seventeen species delisted prior to 2007. |
| (ELEPHANT) DEATH AND TAXES: PROPOSED TAX TREATMENT OF ILLEGAL IVORY | Angela Ostrowski | 21 Animal L. 221 (2015) | African elephants are poached for their ivory at alarming rates. If the current level of poaching continues, it is projected they will be extinct from the wild in the year 2025. Preserving the African elephant species is important from an animal rights, conservation, ecological, economical, and crime prevention perspective. The current penalties and fines for the illegal trade in ivory are not enough of a deterrent. One method of deterrence that has not yet been explored is the imposition of tax consequences on the illegal ivory trade. This Article proposes a number of ways to use the tax system to further deter participation in the illegal ivory trade. For tax purposes, illegal ivory should be treated similarly to other activities that have both legal and illegal operations, such as marijuana, gambling, and prostitution. Congress could impose an excise tax on ivory and an occupational tax on those who make or sell ivory products. In addition, there are several tax crimes in the Internal Revenue Code that are applicable to those who sell illegal ivory and do not report the income on their tax returns. For example, tax evasion is one of the related criminal activities associated with wildlife trafficking. Tax consequences will hopefully provide a further disincentive to those participating in the illegal ivory trade. |
| Critical Habitat and the Challenge of Regulating Small Harms | Dave Owen | 64 Fla. L. Rev. 141 (2012) |
This Article investigates how the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and the courts are implementing the Endangered Species Act's prohibition on “adverse modification” of “critical habitat.” That prohibition appears to be one of environmental law's most ambitious mandates, but its actual meaning and effect are contested. Using a database of over 4,000 “biological opinions,” interviews with agency staff, and a review of judicial decisions considering the adverse modification prohibition, this Article assesses the extent to which the Fish and Wildlife Service, the National Marine Fisheries Service, and the courts are relying on the adverse modification prohibition to provide habitat protection. |
| Purpose of the ESA Chart | Ryan Pellerito | Animal Legal & Historical Center |
The purpose of the chart is to provide Attorneys and lay persons a quick guide for use and research of state endangered species acts. The chart is broken down into nine columns providing information to what agency, listing criteria, prohibited acts, penalties, habitat protection, unique provisions, number of endangered species, links to agencies websites and the legal citation. |
| State Endangered Species Chart | Ryan Pellerito (updated by Rebecca Wisch) | Animal Legal & Historical Center |
This chart provides a link to each state agency responsible for enforcement of state endangered species laws. It also lists a summary of the criteria under the state statutes, the statutory citation, and a link to the US Fish & Wildlife Service's Threatened & Endangered Species System (TESS) database of listed species. |
| Elephants and Tuberculosis: A Real Threat | Sophie Pierce | Animal Legal & Historical Center | This paper addresses the catastrophic epidemic that is elephants infected with Tuberculosis, and the crisis that surrounds every diagnosis. Lack of Federal law and patchwork state laws makes it difficult, if not impossible, to control this pandemic. Moreover, inadequate testing for Tuberculosis in elephants is a safety hazard for elephants and humans. The lack of legal oversight and the absence of care by the agencies meant to protect elephants used for exhibition purposes is not only an animal welfare issue, but is a dire public safety concern. |
| Elephants and Tuberculosis: A Real Threat | Sophie Pierce | Animal Legal & Historical Center | This paper addresses the catastrophic epidemic that is elephants infected with Tuberculosis, and the crisis that surrounds every diagnosis. Lack of Federal law and patchwork state laws makes it difficult, if not impossible, to control this pandemic. Moreover, inadequate testing for Tuberculosis in elephants is a safety hazard for elephants and humans. The lack of legal oversight and the absence of care by the agencies meant to protect elephants used for exhibition purposes is not only an animal welfare issue, but is a dire public safety concern. |
| Strength in Numbers: Setting Quantitative Criteria for Listing Species Under the Endangered Species Act | Kalyani Robbins | 27 UCLA J. Envtl. L. & Pol'y 1 (2009) |
This article provides necessary background information on the ESA listing process. It discusses the numerous problems with the listing status quo, which combine to prevent us from meaningfully realizing the expectations Congress had for the listing process. It also provides the support for the primary thesis--that we can and should devise quantitative listing criteria--and suggests a superior model from which to work. |
| THE ENDANGERED SPECIES ACT AT FORTY: THE GOOD, THE BAD, AND THE UGLY | Daniel J. Rohlf | 20 Animal L. 251 (2014) |
This article provides the introduction for Volume 20, Part 2 of the Animal Law Review. |
| Evading Extinction: A 21st Century Survey of the Legal Challenges to Wild Siberian Tiger Conservation | Julie Santagelo | 1 Journal of Animal Law 109 (2005) |
The Amur tiger, like all tigers, is threatened by its high black market value as an ingredient in traditional Chinese medicine. In fact, the illegal wildlife generates up to ten billion United States dollars per year, trailing only the illegal narcotics and arms trade in annual revenue. The 1989 opening of the Russian-Chinese border exacerbated this illegal trade within the Russian Federation. The Amur tiger also suffers from a reduction of its prey base due to subsistence poaching of ungulate species and rampant logging. This reduction in wild prey has resulted in increased tiger-human conflicts such as livestock depredation, further reducing the locals’ incentive to protect tigers. |