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Wildlife

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...

The History and Evolution of the National Marine Sanctuaries Act

Executive Summary

Coastal and ocean degradation caused by pollution, industrial and commercial development, and ocean dumping became major environmental issues in the 1960s and early 1970s. Public awareness of ocean problems was...

Federal Agency Conservation Obligations and Consultation Under Section 7 of the ESA

The ESA mandates protection of endangered and threatened species on an individual species and project basis.1 A species is only protected by the ESA when it is listed as endangered or threatened, and its...

When Aliens Invade: Regulating the Release of Exotic Species Through the "Takings Clause" of the Endangered Species Act

In May 2002, biologists made a surprising discovery—snakehead fish had proliferated in a small pond in Crofton, Maryland.1 Snakeheads are a native fish of China and Korea, capable of tolerating extreme...

Wildlife Law: A Coming of Age

For years, individual law professors have offered courses in wildlife law. Many of the courses have centered on the Endangered Species Act (ESA) or on the preservation of biological diversity. Others have considered the subject more...

Patently Erroneous: How the Supreme Court's Decision in Farm Advantage Ignores Congress and Threatens the Future of the American Farmer

Over 200 years ago, Thomas Jefferson introduced America's first Patent Act.1 The Act introduced the use of intellectual property rights to foster and reward human creativity. However, Jefferson and the Act's...

Biodiversity Conservation in the United States: A Case Study in Incompleteness and Indirection

What is the United States' obligation to conserve biodiversity? What is the relationship between biodiversity conservation and sustainable development? At both international and national levels, biodiversity conservation has recently...

The Rhetoric of Delisting Species Under the Endangered Species Act: How to Declare Victory Without Winning the War

The recovery and delisting of species protected under the Endangered Species Act (ESA) is the coming fashion and no mistake.1 This spring many of us followed with interest the nesting trevails of California...

When Economics and Conservation Clash: Challenges to Economic Analyses in Fisheries Management

In recent years, the National Marine Fisheries Service (NMFS) and Secretary of Commerce have accumulated hundreds of lawsuits challenging fisheries management rules made by the agency. Litigation is not new to these parties; controversy...

NWF v. Babbitt: Victory for Smart Growth and Imperiled Wildlife

On August 15, 2000, the U.S. District Court for the Eastern District of California issued a landmark ruling, in the case National Wildlife Federation v. Babbitt (NWF v. Babbitt),1 interpreting key...