This Article, adapted from Chapter 16 of What Can Animal Law Learn From Environmental Law?, 2d Edition (ELI Press, forthcoming 2020), explores existing and potential wildlife conservation policies that could play a vital role in mitigating global climate change. It describes how climate change is impacting wildlife and biodiversity around the globe and reviews the history and current state of U.S. policy, including how the federal government currently manages climate change issues under the ESA.

Section 401 certification and permit conditioning under the Clean Water Act is one of the most significant tools for states to influence federally permitted activities involving discharges into navigable waters. However, states are required to set conditions within one year or they forgo their ability to do so. In practice, the one-year review is difficult for states to meet and led to a common practice known as “withdraw and resubmit” in which states could reset the clock. But in Hoopa Valley Tribe v. Federal Energy Regulatory Comm’n, the D.C.