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Wildlife

Small Populations in Jeopardy: A Delta Smelt Case Study

Under §7 of the Endangered Species Act (ESA), federal agencies must ensure that actions they authorize, fund, or carry out are “not likely to jeopardize the continued existence of any endangered species or threatened species or result...

Defining Habitat to Promote Conservation Under the ESA

The U.S. Supreme Court’s opinion in Weyerhaeuser Co. v. U.S. Fish & Wildlife Service raises important questions about the scope of the Endangered Species Act’s (ESA’s) protections for critical habitat. Foremost among them...

Species Protection as a Natural Climate Solution

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...

"Significant Portion of Its Range": Statutory Interpretation of the ESA

The Endangered Species Act defines an endangered species as one at risk of extinction “throughout all or a significant portion of its range.” The U.S. Department of the Interior (DOI) has repeatedly defined “significant portion” to mean...

Ongoing Actions, Ongoing Issues: Trying Again to Free Federal Dams From the ESA

Federal dams have been the focus of major disputes involving application of the Endangered Species Act (ESA), especially its §7 prohibitions on federal actions causing jeopardy to protected species. Operating agencies and project...

2019 Endangered Species Act Regulatory Revisions

The U.S. Department of the Interior and National Oceanic and Atmospheric Administration recently finalized comprehensive changes in how the Endangered Species Act (ESA) is implemented. These changes address the species listing process,...

Electronic Reporting and Monitoring in Fisheries: Data Privacy, Security, and Management Challenges and 21st-Century Solutions

As human populations have more than doubled since 1960, pressure on wild fish stocks has increased dramatically. This Article argues that the establishment of an electronic reporting and monitoring regime in U.S. fisheries is both...

Dirty Money and Wildlife Trafficking: Using the Money Laundering Control Act to Prosecute Illegal Wildlife Trade

The global community is awakening to the extent and sophistication of the illegal wildlife trade. With an estimated annual value of $5 billion to $23 billion, the seriousness of the problem increases when calculated with other illicit...

The Trump Administration’s Proposed ESA Regulations

The U.S. Department of the Interior and the National Oceanic and Atmospheric Administration recently proposed comprehensive changes in how the Endangered Species Act (ESA) is implemented. These address the species listing process,...

Hybridizing Law: A Policy for Hybridization Under the Endangered Species Act [Abstract]

With the new technologies, many species we are currently protecting could technically be unsuitable for protection based on a rigid interpretation of the ESA. A defined hybrid policy must be adopted, taking into consideration the twin...

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