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Titlesort descending Author Citation Alternate Citation Summary Type
Western Watersheds Project v. Kraayenbrink 632 F.3d 472 (9th Cir., 2011)

Plaintiff environmental advocacy organization sued the Bureau of Land Management (BLM) for revisions to nationwide grazing regulations for federal lands. Plaintiff argued that the 2006 Regulations violated the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), and the Federal Land Policy and Management Act (FLPMA). The Court of Appeals found for the plaintiff, holding that BLM violated NEPA by failing to take a “hard look” at the environmental consequences of the proposed regulatory changes. BLM also violated the ESA by failing to consult with Fish and Wildlife Service (FWS) before approving the revisions. The FLPMA claim was remanded.

Case
Western Watersheds Project v. Kraayenbrink 620 F.3d 1187 (C.A.9 (Idaho). 2010) 2010 WL 3420012 (C.A.9 (Idaho))

Plaintiff environmental advocacy organization sued the Bureau of Land Management (BLM) for revisions to nationwide grazing regulations for federal lands, arguing that the revisions violated the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), and the Federal Land Policy and Management Act (FLPMA). The Court of Appeals held that BLM violated NEPA by failing to take a “hard look” at the environmental consequences of the proposed changes, and violated the ESA by failing to consult with Fish and Wildlife Service (FWS) before approving the revisions. Opinion Amended and Superseded on Denial of Rehearing en banc by: Western Watersheds Project v. Kraayenbrink, 632 F.3d 472 (9th Cir., 2010).

Case
Western Watersheds Project v. USDA APHIS Wildlife Services 320 F.Supp.3d 1137 (D. Idaho June 22, 2018) 2018 WL 3097016 (D. Idaho June 22, 2018) This action considers motions for summary judgment by both parties. At issue here is a plan by a branch of the USDA called Wildlife Services (WS), which is responsible for killing or removing predators and other animals that prey on wild game animals, threaten agricultural interests, or pose a danger to humans. The decision to kill the animals comes from requests from individuals or other state and federal agencies rather than a decision by WS. For this case, the facts center on an expanded operation to kill game animals and protected species in Idaho (mainly coyotes and ravens) known as PDM. As part of this process, WS prepared and circulated a draft Environmental Assessment (EA) to other federal agencies, stakeholders, and the public seeking comment to the expanded plan. However, instead of taking the criticisms and suggestions from the EA and then undertaking a more comprehensive Environmental Impact Statement (EIS), WS instead rejected most responses and labeled them as unconvincing or invalid. This led plaintiff to file suit against WS, arguing that the agency acted in an arbitrary and capricious manner by not preparing the EIS after comments to the EA. For example, the BLM, the Forest Service, and the Idaho Department of Fish and Game (IDFG), found that the EA was not an "objective analysis" and instead sounded "like a pre-decisional defense of lethal methods." These agencies warned WS that the predator control methods were "likely to be futile over the long-term" and did not consider cascading effects on both cyclic and non-cyclic prey populations. In analyzing the factors, this court found that WS failed to consider "several federal agencies with long experience and expertise in managing game animals and protected species" when proposing to expand the expanded PDM program. There was a lack of crucial data to support WS' assumptions in its modeling that was exacerbated by use of unreliable data, according to the court. In addition, the court found that WS failed to "explain away scientific challenges to the effectiveness of predator removal." Not only was the court troubled by the lack of reliable data used by WS, but the WS’ “unconvincing responses” to agencies that had substantial experience managing wildlife and land-use concerns demonstrated to the court that the PDM is controversial and the environmental impacts were uncertain. This in and of itself necessitated an EIS under NEPA. The court held that the lack of reliable data, the unconvincing responses from WS, combine to trigger three intensity factors that combine to require WS to prepare an EIS. The plaintiffs' motion for summary judgment was granted and the defendant's motion for summary judgment was denied (the motion by plaintiff to supplement the administrative record was deemed moot). Case
Westfall v. State 10 S.W.3d 85 (Tex. App. 1999)

Defendant convicted of cruelty for intentionally or knowingly torturing his cattle by failing to provide necessary food or care, causing them to die. Defendant lacked standing to challenge warrantless search of property because he had no expectation of privacy under open fields doctrine.

Case
Whales Angela Lang

Brief Summary of Laws Affecting Whales
Angela Lang (2002)

 

Topical Introduction
Whaling in the Antarctic Tom Krepitch

Brief Summary of Whaling in the Antarctic
Tom Krepitch (2014)

Topical Introduction
Whaling in the Antarctic Whaling in the Antarctic (Austl. v. Japan), 2010 Judgment. In June 2010, Australia commenced proceedings against Japan at the International Court of Justice (ICJ), alleging that Japan has continued an extensive whaling program in breach of its obligations as a signatory to the International Convention for the Regulation of Whaling (ICRW). At issue was the moratorium on commercial whaling agreed upon in the 1980s. According to Australia, though Japan claimed to be killing whales purely for scientific reasons, the true purpose of the program was commercial. Japan did not deny that it was killing whales in the Antarctic, but claimed instead that because the ICRW grants each nation state the right to issue licenses for scientific whaling as it sees fit, Japan’s whaling program was legal. The ICJ ruled that Japan's Antarctic whaling program was not actually for scientific whaling and must end. Case
What About The Polar Bears? The Future of The Polar Bears as Predicted by a Survey of Success Under The Endangered Species Act Laura Navarro 19 Vill. Envtl. L.J. 169 (2008)

The proposed listing of polar bears raises questions about what that listing might mean for the polar bears as a species, and how successful conservation efforts will or can be. This Comment explores these and other questions implicated by the proposed listing of polar bears as an endangered species under the Act.

Article
What About Wilbur? Proposing a Federal Statute to Provide Minimum Humane Living Conditions for Farm Animals Raised for Food Pro Amy Mosel 27 UDTNLR 133 (2001)

This article proposes federal legislation that would provide minimum standards for the daily living conditions of animals raised for food production.

Article
What Can Animal Law Learn from Environmental Law?

 

Policy

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