Environmental

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Titlesort ascending Summary
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.
Department of Game of Wash. v. Puyallup Tribe


The Washington Department of Game and the Department of Fisheries brought action for declaratory judgment that members of the Puyallup Indian tribe were not exempt from application of state fishery conservation measures.  The Supreme Court held that commercial net fishing by Puyallup Indians, for which the Indians have treaty protection, Puyallup Tribe v. Dept. of Game, 391 U.S. 392, 88 S.Ct. 1725, 20 L.Ed.2d 689, forecloses the bar against net fishing of steelhead trout imposed by Washington State Game Department's regulation, which discriminates against the Puyallups, and as long as steelhead fishing is permitted, the regulation must achieve an accommodation between the Puyallups' net-fishing rights and the rights of sports fishermen.

Defenders of Wildlife v. Dalton


Plaintiff sought a preliminary injunction to prevent defendant government official from lifting the embargo against tuna from Mexico's vessels in the Eastern Pacific Ocean. Plaintiffs alleged irreparable injury if three stocks of dolphins became extinct. The court found plaintiffs failed to produce evidence showing irreparable injury. 

CT - Fisheries & Wildlife - Chapter 490. Fisheries and Game. § 26-1. Definitions This law contains definitions for the Connecticut Fisheries and Wildlife Department.
Conservation Congress v. U.S. Forest Service


When two federal agencies authorized the Mudflow Vegetation Management Project, a conservation group sued the agencies for failing to adequately evaluate the project's effects on the Northern Spotted Owl's critical habitat, in violation of the Endangered Species Act. Upon appeal of the lower court's decision, the Ninth Circuit concluded that the conservation group's challenge to the district court's denial of a preliminary injunction was premised on a misunderstanding of regulatory terms, on an unsupported reading of a duty to consider cumulative effects under the Endangered Species Act,and on selected portions of the record taken out of context. The district court's decision was therefore affirmed.


Combating Animal Cruelty with Environmental Law Tactics
Colombia - Wildlife - Ley 2111
Colombia - Environment - Ley 1333, 2009 Ley 1333, 2009, establishes the fines, sanctions, injunctions, and corresponding procedures for violations of environmental regulations. It establishes provisional dispositions, preventive seizure procedures of flora and fauna, and guidelines on how to proceed when the environmental authority does not have the infrastructure or equipment to keep wildlife individual specimens. It creates information portals for the control of environmental regulations called the Unique Registry of Environmental Wrongdoers (RUIA), and the Wildlife Information Portal (PIFS).
Colombia - Environment - DECRETO LEY 2811, 1974, Code of Natural Resources The Code of Natural Resources and Environmental Protection declared the environment a common heritage of the nation and nature as a legal good that has to be protected. Article 1 of this code establishes that, “the preservation and management of natural resources are of public utility and social interest." The main goal of this statute is to protect and restore the environment. It strives for the preservation, improvement and rational utilization of the natural resources, attempting for a continued availability of such resources.
City of Sausalito v. O'Neill


A City sought to prevent the National Park Service from implementing a development plan in a nearby recreational area claiming the Park service had violated various environmental statutes.  The trial court held the City did not have standing to assert most of its claims and lost on the merits of the remaining claims.  The Court of Appeals held the City did have standing to assert all of its claims, but lost on the merits of all its claims except those under the Coastal Zone Management Act and the Marine Mammal Protection Act. 

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