Climate change and invasive species are jeopardizing already endangered and threatened species, prompting the U.S. Fish and Wildlife Service (FWS) to finalize its 2023 rule allowing experimental populations to be introduced into habitat outside their historical range, as long as the areas are capable of supporting the experimental population.

From cookware to dental floss to stain-resistant fabrics, PFAS, or per- and polyfluoroalkyl substances, pervade modern life. PFAS are a family of thousands of synthetic chemicals that have a variety of unique qualities that make them useful in industrial and consumer product applications. Unfortunately, there is a growing scientific recognition that many PFAS come with a cost to public health and the environment. While federal and state action is just beginning for PFAS and the regulatory landscape is changing quickly, the toxicity of many PFAS has been well-established.

The United States has historically valued free access to most public lands. But federal land management agencies also rely on users’ fee dollars to support critical operations. This tension between “free access” and “user pays” has been an important feature of public land law since the late 1800s. The primary statute at issue is the Federal Lands Recreation Enhancement Act (FLREA), which authorizes fees at some sites while mandating free access at others.

December 2023 marked 50 years since the Endangered Species Act (ESA) was signed into law. The ESA has proven resilient to numerous legal challenges and saved many species from extinction. But its overall success has been debated, as the list of endangered and threatened species continues to grow, and only 54 species have been taken off of the list completely. On October 26, 2023, the Environmental Law Institute hosted a panel of experts who explored the successes and shortcomings of the statute and discussed what might happen next as climate change increases the risk of extinction.

U.S.-Canadian management of marine migratory species is a particularly rich place to understand the complex relationship between migratory science, conservation, and law. The two nations share a large border, have a long-lasting historic friendship, and already collaborate extensively. However, the relationship is not without contention. The substantial economic interests in the oceans and differences in governance structure have not infrequently frustrated efforts at cooperative management.

In April, the Bureau of Land Management (BLM) proposed new regulations governing land management decisions on public lands. Dubbed the “conservation rule,” this rule seeks to protect intact landscapes, restore degraded habitat, and manage for ecosystem resilience.

Since 2017, 115 North Atlantic right whales (NARWs) have been documented dead, seriously injured, or sporting sublethal injuries and illnesses. Scientists refer to this phenomenon as an unusual mortality event, and assert that entanglement and vessel strikes are the leading causes. Fewer than 350 NARWs remain, and it is estimated that only one-third of their deaths are documented. Experts claim that only “quick and decisive action from humans” can ensure the species’ survival. Some proposed regulations will affect where and how the relevant fisheries are able to operate.

This abstract is adapted from Justin R. Pidot & Ezekiel A. Peterson, Conservation Rights-of-Way on Public Lands, 55 U.C. Davis L. Rev. 89 (2022), and used with permission.