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Wildlife

Defenders of Wildlife v. Jewell: Wyoming Wolves Receive a Warranted Reprieve—But for How Long?

In September 2014, a federal district court invalidated a U.S. Department of the Interior (DOI) regulation delisting wolves in Wyoming. This Article details the background and history of that litigation, arguing that the court correctly...

Determining the Conservation Value of Habitat: Modern Challenges Under the Endangered Species Act

More than one decade after two circuit courts struck down the regulatory definition of “adverse modification” of critical habitat, two agencies, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service, are now...

Wolf Delisting: Old Wine in New Bottles

The Obama Administration’s effort to divide and delist portions of the Northern Rocky Mountain wolf population was rejected by the Montana federal district court. Congress intervened and enacted a rider on Interior’s 2011 appropriation...

Protecting Our Environment in a Virtual Age: How Wildlife Webcams Could Strengthen Enforcement of the Endangered Species Act

With the introduction of wildlife webcams, anyone with an Internet connection can view real-time, live video feed capturing a variety of species, including endangered species, in their natural habitats from a remote location. The U.S....

Critical Habitat and the Challenge of Regulating Small Harms

The ESA is the most important U.S. law protecting biodiversity. The Act is designed to prevent the extinction of imperiled animal and plant species and to promote those species’ recovery. To those ends, it requires the services to list...

A Modest Role for a Bold Term: “Critical Habitat” Under the Endangered Species Act

Each year the Interior Department’s Fish & Wildlife Service (FWS) and its sister agency, the National Marine Fisheries Service (NMFS), spend a significant portion of their limited resources—and engender substantial controversy—in...

A Comment on "Critical Habitat and the Challenge of Regulating Small Harms"

Professor Dave Owen’s insightful empirical analysis of the Endangered Species Act’s (“ESA”) prohibition on destruction of critical habitat should be useful in improving the Act’s effectiveness. The title of his paper, Critical Habitat...

A Wider View of the Impacts of Critical Habitat Designation

The designation of critical habitat under the Endangered Species Act (ESA) can result in significant and costly consequences for landowners, industry, government, and other entities—often with little if any evidence of a commensurate...

Cooperating With Wildlife: The Past, Present, and Future of Wildlife Federalism

States have traditionally played a significant role in managing wildlife, but play a very small role in implementing the Endangered Species Act, and an even smaller role with other federal wildlife statutes. The disconnect between the...

Judicial Oversight in the Comparative Context: Biodiversity Protection in the United States, Australia, and Canada

How effective are courts as policymaking institutions? Generally speaking, courts play a far larger role in American biodiversity law than they do in comparable Australian and Canadian statutory programs. As a result, studying...