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Wildlife

The ESA Today: Eco-Pragmatism and State Conservation Efforts

In 2010, FWS found listing the greater sage-grouse under the ESA was “warranted but precluded” by other ESA priorities. In an effort to avoid future listing, one of the largest voluntary conservation efforts was undertaken by state and...

Climate Change in the Endangered Species Act: A Jurisprudential Enigma

When the ESA was drafted, no one could have foreseen climate change, much less thought seriously about how the ESA should address species loss on a warming earth. Climate change blows up the ESA’s operative mandate for federal agencies...

Going the Way of the Dodo: De-Extinction, Dualisms, and Reframing Conservation

De-extinction, an emerging suite of selective breeding or biotechnological processes for reviving and releasing into the environment members or facsimiles of an extinct species, has been the subject of a recent surge of analysis in...

Overcriminalization and the Endangered Species Act: Mens Rea and Criminal Convictions for Take

The Endangered Species Act (ESA) makes it a crime to “knowingly” take any member of an endangered species. The government has generally interpreted this to require the defendant’s knowledge of each of the elements of the offense;...

Lessons From Areawide, Multiagency Habitat Conservation Plans in California

Through the Endangered Species Act’s Habitat Conservation Plan (HCP) program and California’s Natural Community Conservation Planning program, endangered species conservation in the United States has evolved considerably. In particular...

Emerging Regulatory Experiments in Permit Process Coordination for Endangered Species and Aquatic Resources in California

Many practitioners and scholars view enhanced permit coordination as beneficial due to purported efficiency gains and potentially better conservation outcomes, but scholarship on interagency coordination is still limited. The authors...

Humane Society v. Jewell: The Court Cries Wolf

In Humane Society of the United States v. Jewell, a federal district court invalidated the Endangered Species Act (ESA) delisting of wolves in the western Great Lakes (WGL) Distinct Population Segment. This decision culminated...

Monetary Rewards for Wildlife Whistleblowers: A Game-Changer in Wildlife Trafficking Detection and Deterrence

Despite the enactment of scores of wildlife protection laws, illegal activities are difficult to detect under current enforcement policies. Both the Lacey Act and the Endangered Species Act include language providing monetary incentives...

Livestock Production, Climate Change, and Human Health: Closing the Awareness Gap

Livestock should be removed from public lands for myriad reasons. Eliminating what is now extensive grazing by ruminants would cut methane emissions, with attendant benefits for climate mitigation. Removing livestock from public lands...

Habitat Conservation Plans and Climate Change: Recommendations for Policy

Habitat conservation plans (HCPs) are critical tools for managing species and their habitats. Climate change poses special challenges for successful habitat conservation planning, but there are several steps to take to address these...