|
Defenders of Wildlife v. Salazar |
In February of 2008, Defendant, the U.S. Fish & Wildlife Service (the "Service"), issued a final ruling to delist the Rocky Mountain gray wolf species, removing the ESA’s protections throughout the northern Rocky Mountain distinct population segment ("DPS"), except in Wyoming. Twelve parties challenged the final ruling, arguing, foremost, that the decision violates the ESA by only partially protecting a listed population. The United States District Court for the District of Montana issued two findings: (1) the ESA does not allow the U.S. Fish & Wildlife Service to list only part of a species as endangered, or to protect a listed distinct population segment only in part; and (2) the legislative history of the ESA does not support the Service’s interpretation of the phrase "significant portion of its range," but instead supports the long-standing view that the ESA does not allow a distinct population to be subdivided. Accordingly, the Service’s ruling to delist the Rocky Mountain gray wolf was vacated as invalid and Plaintiffs’ motion for summary judgment was granted.
|
|
Defenders of Wildlife v. Secretary, U.S. Department of the Interior |
Plaintiffs challenged the Fish and Wildlife Service (FWS) "downlisting" of the gray wolf from endangered to threatened status through publication of its Final Rule. The Final Rule delists the gray wolf in 14 southeastern states based on "listing error" because that region was not part of the gray wolf's historical range. The court held that the FWS's extension of boundaries of only DPSs in which gray wolf populations had achieved recovery goals to encompass wolf's entire historical range was arbitrary and capricious. FWS's downlisting of entire DPSs, without analyzing threats to the gray wolf outside of its current range, was inconsistent with the Endangered Species Act (ESA), and thus was arbitrary and capricious.
|
|
Defenders of Wildlife v. Tuggle |
In this case, the Plaintiffs, WildEarth Guardians and the Rewilding Institute (Guardians) and the Defenders of Wildlife (Defenders) challenged procedures for wolf control actions as part of the Mexican wolf reintroduction project within the Blue Range Recovery Area (BRWRA) by the United States Fish and Wildlife Service (USFWS). Plaintiffs claims centered on NEPA and ESA violations based on USFWS' adoption of a Memorandum of Understanding in 2003(MOU) and issuance of Standard Operating Procedure 13 (SOP). USFWS filed motions to dismiss these claims for lack of jurisdiction because they argued that neither the MOU nor SOP 13 was a final agency action. Here, the rights and responsibilities of the interested parties were spelled out in the 2003 MOU and SOP 13, similar to if USFWS had issued an interpretive rule covering wolf control measures. Thus, the Court found that the 2003 MOU and SOP 13 "mark the consummation of the agency's decisionmaking process in respect to wolf control measures." The Court also found that the plaintiffs presented duplicate claims under the ESA and APA. USFWS's motion to dismiss was also denied as were the duplicative claims.
|
|
Detailed Discussion of Chimpanzee Laws in the United States and Abroad |
This article summarizes the international and American laws affecting chimpanzees. Each law is described, and the ways in which each law works well and works poorly are discussed. Generally, all laws affecting chimpanzees as they are currently written, do not adequately protect the species from the most salient threats to its survival.
|
|
Detailed Discussion of Elephants and the Ivory Trade |
This paper will examine the global ivory trade and its effect of elephant populations. It begins with a historical discussion of ivory demand as well as the relationship between elephants and ivory. The paper then looks at poaching rates over time and the poaching industry generally. Next, the paper considers two competing approaches to elephant conservation and catalogues how they have informed CITES decisions regarding elephants beginning in 1975. In addition, it discusses relevant laws in ivory-producing nations and consuming nations. Finally, the paper examines U.S. laws regarding elephants and ivory, as well as legal challenges to those policies. |
|
Detailed Discussion of Feral Cat Population Control |
Controversy has arisen over how best to deal with populations of feral cats. While cat advocates fight against killing cats, bird advocates and others see them as destructive to protected species. Legal issues of property ownership, causation, and classification of cats are central to the question of human liability for feral cats.
|
|
Detailed Discussion of Great Apes under the Endangered Species Act |
This paper first examines the historical listing of Great Apes under the Endangered Species Act, including the “split listing” of chimpanzees. It then analyzes how the listing status of Great Apes limits their use in various situations such as private possession, scientific research, and entertainment. Finally, the paper discusses the applicable provisions of CITES that restrict the international trade in Great Apes. |
|
Detailed Discussion of International Trade in Wild-Caught Reptiles |
The international trade in wild-caught reptiles has been cause for increasing concern, especially over the last few years. Federal, state and foreign laws are seemingly broken everyday as hundreds of thousands of reptiles are imported and exported each, mostly for the pet trade. In addition to depleting our natural resources and threatening many species with extinction, the reptiles are treated inhumanely and can even pose a health risk to people and the environment.
|
|
Detailed Discussion of Polar Bears and the Laws Governing Them in the Five Arctic States |
This discussion provides a description of the current threats to polar bears and how the current legislative regimes in Canada, Greenland, Norway, Russia and the the United States respond to these threats.
|
|
Detailed Discussion of the Gray Wolf's Change in Status on The Endangered Species List from 2005 to the Present |
This paper focuses on the changes that have occurred from 2005 to the present in each DPS, including three non-essential experimental populations located in Yellowstone, Central Idaho, and the southwestern U.S.; the Northern Rocky Mountain DPS; and the Western Great Lakes DPS.
|
