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Wildlife

Beyond Delegated Authority: The Counterpart Endangered Species Act Consultation

Editors' Summary: Wildlife agencies entrusted by Congress to administer the ESA have in two recent counterpart regulations revised interagency cooperation procedures in ways that appear to fall short of statutory requirements. Two...

The Brief and Unexpected Preemption of Hawaii's Humpback Whale Laws: The Authority of the States to Protect Endangered Marine Mammals Under the ESA and the MMPA

Editors' Summary: Humpback whales are endangered marine mammals, protected by the Marine Mammal Protection Act (MMPA) and the ESA. Hawai'i's seasonal thrill craft ban in humpback habitat provides additional protection. In 2004, a...

Two Prongs of Public Interest Lawyering Under the Endangered Species Act: Building a Cooperative Strategy From Litigation and Collaborative Efforts

Editors' Summary: In working to protect species and enforce the Endangered Species Act, nongovernmental organizations (NGOs) generally take one of two possible routes: litigation or collaboration. While some NGOs primarily use...

The International Plant Protection Convention and Invasive Species

Editors' Summary: Phytosanitary systems have been used for many years, but it is only recently that they have received careful and detailed international scrutiny to ensure that they are fair, effective, and well documented, with...

First Thing We Do, Let's Kill All the . . . Taxonomists?

The beleaguered agency officials who administer the endangered species laws have been inundated with litigation challenging everything from the constitutionality of their statute to the soundness of their biological judgments. But...

First Thing We Do, Let's Kill All the . . . Taxonomists?

The beleaguered agency officials who administer the endangered species laws have been inundated with litigation challenging everything from the constitutionality of their statute to the soundness of their biological judgments. But...

The Paradox of U.S. Alien Species Law

Non-indigenous species (NIS) have increasingly come to be recognized in scientific and popular arenas as one of the most significant threats to biodiversity. That recognition has yet to extend to law and policy, which, in the United...

Federal Permitting Issues Relating to Offshore Wind Energy, Using the Cape Wind Project in Massachusetts as an Illustration

Cape Cod, Massachusetts, may soon become home to something other than quaint towns and peaceful beaches. If a Massachusetts-based company named Cape Wind Associates, LLC (Cape Wind) overcomes various administrative and political hurdles...

The Endangered Species Act Is Still Strong on Department of Defense Lands

I. Military Training Versus Endangered Species Protection

The U.S. Congress recently amended the Endangered Species Act (ESA) to exempt the U.S. Department of Defense (DOD) installations from critical habitat designation when...

Landowners Bank on Conservation: The U.S. Fish and Wildlife Service's Guidance on Conservation Banking

Swept Away: A Cautionary Tale Regarding Endangered Species Mitigation

For many years, fossil enthusiasts have searched for Miocene fossils on a secluded beach south of Chesapeake Beach, Maryland. About a decade ago, without...