Endangered Species Act (ESA)
S. 1895
Update Type
Committee Name
Committee on Environment and Public Works
Sponsor Name
Johnson
Sponsor Party Affiliation
R-Wis.
Issue
8
Volume
53
Update Issue
18
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. S2028

would require the FWS Director to reissue a final rule removing the gray wolf from the list of endangered and threatened wildlife under the ESA.

H.J. Res. 46
Update Type
Committee Name
Committee on Natural Resources
Committee Report
H. Rep. No. 118-95
Issue
8
Volume
53
Update Issue
17
Update Volume
53
Congress Number
118
Congressional Record Number
169 Cong. Rec. H2739

would provide for congressional disapproval under Chapter 8 of Title 5, U.S. Code, of the rule submitted by NMFS relating to “Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat.”

An Unlikely Climate Hero? Experimental Populations Outside Their Historical Range
Author
Kelly Davis
Author Bios (long)

Kelly Davis is a 2023 graduate of The George Washington University Law School, and has accepted a position as a Judicial Law Clerk with the Montgomery County [MD] Circuit Court.

Date
June 2023
Volume
53
Issue
6
Page
10450
Type
Comment(s)
Summary

Climate change is ravaging the flora and fauna of the United States and contributes to ecosystem damage, including the conversion of Alaskan forests to savannah grasslands, rising sea levels that have destroyed the Key deer’s habitat, and warming regional temperatures that have stifled the growth of crops in the Northeast. What if there were a way for species to thrive away from the sinking coasts and changing landscapes that they have historically inhabited? One possibility is §10(j) of the Endangered Species Act (ESA) and its associated regulations, which permit the Secretary of the Interior to advance a listed species’ conservation by designating experimental populations. The U.S. Fish and Wildlife Service (FWS), operating under the purview of the Secretary, proposed a rule (the Proposed Rule) on June 7, 2022, to remove any reference to “historical range” from the experimental population regulations, in an attempt to fight climate change that could affect a listed species’ historical range area. This Comment addresses the major legal criticism against the Proposed Rule by arguing that it falls within the ESA’s purpose and within FWS’ authority.

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