Biodiversity and the Law

Biodiversity and the Law is a timely and provocative volume that combines historical perspective and cutting-edge legal analysis in an authoritative and broad discussion of biodiversity and the law. Leading legal and policy experts consider a variety of options for the worldwide protection of biodiversity and present a succinct but comprehensive overview of the legal mechanisms available. They examine how conservation advocates can better utilize existing law, and consider what new law is needed.Among the topics considered are: scientific and policy foundations of biodiveristy protection domestic efforts to establish an effective endangered species protection regime international biodiversity protection biodiversity as a genuinely public entity the future of biodiversity law Contributors include Mollie Beattie, Don Waller, Jason Patlis, Lindell Marsh, Todd Olson, Peter Jenkins, Suzanne Iudicello, John Pendergrass, Dinah Bear, Walter Kuhlmann, Rodger Schlickeisen, David Downes, and others.https://digitalcommons.wcl.american.edu/facsch_bks/1235/thumbnail.jp

State Endangered Species Acts

The role of state governments in protecting not just endangered species but all species can be summed up with one fact: state governments traditionally have been the chief stewards of wildlife within their borders. The states therefore serve a vital role in protecting and conserving their own plants, animals, and habitats. Yet while states historically were given the role of protecting the wildlife within their borders and still retain significant rights and powers, the federal government in many instances has assumed primary responsibility over these national resources under its constitutional authorities. Under the Commerce Clause, inter alia, Congress enacted a wide range of environmental laws, including the Endangered Species Act of 1973 (ESA). Through the ESA, the federal government now exercises its vitally important power to regulate listed species and their associated habitat to achieve conservation and recovery. But the role of the states in endangered species protection was recognized from the outset, as the ESA authorized the Secretary of the Interior to enter into cooperative agreements with states that established “adequate and active” programs of protection. This chapter will explore those programs, enacted statutorily and dubbed “state endangered species acts,” as well as their history, current status, and role. The role of the states, and how to enhance the conservation of threatened and endangered species through greater state involvement, has been and likely will continue to be a topic of national discussion. Although many states have lacked the capacity, both legal and programmatic, to protect nongame species, many states are significantly increasing their focus on nongame management. By increasing their capacity, the states not only can increase their ability to manage threatened and endangered species as an extra safety net but, more important, can fulfill their trust responsibility for all wildlife species in a way that supplements and complements irreplaceable federal protections.https://digitalcommons.wcl.american.edu/facsch_bk_contributions/1111/thumbnail.jp

The Progeny: Justice William J. Brennan\u27s Fight to Preserve the Legacy of New York Times v. Sullivan

Biodiversity and the Law is a timely and provocative volume that combines historical perspective and cutting-edge legal analysis in an authoritative and broad discussion of biodiversity and the law. Leading legal and policy experts consider a variety of options for the worldwide protection of biodiversity and present a succinct but comprehensive overview of the legal mechanisms available. They examine how conservation advocates can better utilize existing law, and consider what new law is needed.Among the topics considered are: scientific and policy foundations of biodiveristy protection domestic efforts to establish an effective endangered species protection regime international biodiversity protection biodiversity as a genuinely public entity the future of biodiversity law Contributors include Mollie Beattie, Don Waller, Jason Patlis, Lindell Marsh, Todd Olson, Peter Jenkins, Suzanne Iudicello, John Pendergrass, Dinah Bear, Walter Kuhlmann, Rodger Schlickeisen, David Downes, and others.https://digitalcommons.wcl.american.edu/facsch_bks/1235/thumbnail.jp