The court holds that Endangered Species Act (ESA) §9(a)(1)'s application to a fly that exists only in California is within Congress' Commerce Clause power. The court first holds that the application of ESA §9 to the fly can be viewed as a proper exercise of Congress' Commerce Clause power over act...
The court holds that the National Park Service's (NPS') decision not to prepare an environmental impact statement (EIS) for the removal of 12 horses from Santa Cruz Island in the Channel Islands was not arbitrary and capricious. The NPS planned to remove the horses and other animals in order to allo...
The court holds that a state land use board erred when it failed to affirm a county's preliminary approval of a residential subdivision in an area containing wetlands and designated as a wildlife habitat. The board rejected the county's argument that the wetlands at issue were not subject to the cou...
Above my desk at work, I keep a button that reads "Save the Ugly Animals Too." It is a reminder that more than just the charismatic megafauna, such as wolves and bald eagles and grizzly bears and whales, are worth conserving. From the standpoint of protecting the web of life, including the ecosystems that benefit us all by providing services such as water purification, flood control, nurseries for our fish and shellfish, and opportunities for outdoor recreation, it is often as important to conserve the lesser known species, the cogs and wheels that drive those ecosystems.
In a recent essay, Katrina Wyman suggests four substantial reforms aimed at improving implementation of the Endangered Species Act (ESA) and furthering species recovery: (1) decoupling listing decisions from permanent species protection;3 (2) requiring the Fish & Wildlife Service (FWS) to implement cost-effective species protection measures;5 (3) prioritizing funding for biological hotspots;6 and (4) establishing additional protected areas.
Katrina Wyman has penned a bold, provocative, and innovative critique of the capability of the Endangered Species Act (ESA or Act) to meet the challenges of an increasingly human-dominated world. Bold because the ESA, perhaps more than any other environmental law, has impassioned champions who disfavor dissent. It is no easy task to critique a law with the truly noble mission to preserve life other than our own, particularly when the law's basic premise is that the mission's success is critically dependent on abundant and altruistic actions by us.
A recent headline on the front page of the Wall Street Journal hailed the opening of the nation's first "butterfly bank." The "deposits" in this unusual bank are conservation credits earned by preserving an important area of habitat for the Quino checkerspot butterfly, an endangered species restricted to California. The bank's intended customers are other landowners who hope to develop other sites where the butterfly occurs. In order to do so, they can buy credits from the private entrepreneur who established the butterfly bank.
The court holds unconstitutional the requirement in §609(a) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Appropriations Act of 1990 that the executive branch initiate discussions with foreign nations to develop treaties to protect sea turtles, and holds that the Co...
The court affirms in part and reverses in part a district court decision upholding National Marine Fisheries Service (NMFS) regulations providing a Native American tribe an allocation of the Pacific whiting fishery. In the 1850s, Washington State entered into several treaties known as the Stevens Tr...
The Sixth Circuit affirmed a lower court decision that dismissed plaintiffs’ pre-enforcement challenge to the anti-animal-fighting provisions of the Animal Welfare Act (AWA) on the grounds that plaintiffs lacked standing. The court held that none of plaintiffs’ claimed injuries were sufficient t...