Law and Wildlife: An Emerging Body of Environmental Law

March 1977
Citation:
7
ELR 50013
Issue
3
Author
Michael J. Bean

This Article examines the legal foundations for state and federal wildlife regulation in the United States. The first part explores the constitutional bases for federal authority over wildlife and the development of the doctrine of state ownership of wildlife, a judicially created doctrine which has furnished the basis for repeated challenges to the exercise of federal authority. The second part of the Article examines certain important limitations on the scope of state and federal regulatory authority. These include constitutional proscriptions against discrimination and the very special limitation deriving from Indian treaties.

Staff attorney, Environmental Law Institute. B.A. 1970 University of Iowa, J.D. 1973 Yale Law School. Mr. Bean spent three years with the law firm of Covington & Burling. The Article appearing here is adapted from two chapters of his recently completed book, The Evolution of National Wildlife Law. The book, written for the Council on Environmental Quality, is the first comprehensive treatment of the subject of federal wildlife law. It is expected to be available soon through the Government Printing Office.

You must be an ELR-The Environmental Law Reporter subscriber to download the full article.

You are not logged in. To access this content:

Law and Wildlife: An Emerging Body of Environmental Law

SKU: article-25249 Price: $50.00