Protecting Species or Endangering Development? How Consultation Under the Endangered Species Act Affects Energy Projects on Public Lands

Executive Summary Throughout its forty-three-year history, the Endangered Species Act (“ESA”) has been one of the most celebrated environmental laws but also one of the most reviled. After passing with strong bi-partisan support in 1973, the ESA has recently faced growing opposition, amid concerns that it has failed to adequately protect species, while unreasonably impeding economic development. Much of the criticism has been directed towards section 7 of the ESA, which requires federal agencies to ensure that actions they undertake or authorize do not jeopardize threatened or endangered species, by consulting with the U.S. Fish and Wildlife Service (“FWS”). Industry groups have argued that the consultation requirement frequently stops or delays much needed energy, transportation, water supply, and other projects. This study seeks to assess the impact of consultation, under section 7 of the ESA, on energy development on public land. To this end, the study analyzes 179 consultations undertaken between FY2010 and FY2014 with respect to oil, gas, solar, and wind energy projects on public land managed by the Department of Interior’s Bureau of Land Management (“BLM”). Basic information about each consultation, including a brief description of the project involved and a list of species affected, was obtained from FWS’s Tracking and Integrated Logging System. We also reviewed the biological opinions and concurrence letters issued by FWS and, for a subset of consultations, interviewed agency staff and industry representatives involved. Key findings from the analysis include: A relatively small number of energy projects authorized on federal lands between FY2010 and FY2014 went through the consultation process. The majority (eighty percent) of consultations that were carried out involved oil and gas drilling projects. Fifteen percent of consultations related to solar energy projects and five percent to wind energy projects. Only a small proportion (ten percent) of all oil and gas drilling projects approved by BLM from FY2010 to FY2014 were subject to consultation. In contrast, eighty-two percent of BLM approved solar energy projects and seventy-one percent of BLM approved wind energy projects underwent consultation. Most of the energy project consultations undertaken between FY2010 and FY2014 were completed within the 135 day time limit set in the ESA. There was, however, often significant back-and-forth between FWS, BLM, and the project proponent prior to the official start of consultation. This is a concern for industry, as pre-consultation discussions can add significant time to the review process and thereby lead to project delays. The need to consult can also give rise to significant uncertainty for industry. The assessment of project effects and the measures required to mitigate those effects often differs markedly between, and even within, FWS offices. Similar projects may, therefore, be assessed differently depending on the FWS staff handling the consultation. FWS has recently taken steps to address industry concerns regarding the potential for project delays and inconsistencies in the review process. To this end, FWS has issued a number of programmatic biological opinions, which cover multiple similar actions. Where a project is covered by a programmatic biological opinion, consultation tends to proceed more quickly, and there is less need for pre-consultation discussions. The existence of a programmatic biological opinion can also greatly reduce the complexity of consultation and generally leads to increased certainty for project developers.The Kay Bailey Hutchison Center for Energy, Law, and Busines

London's River? The Thames as contested environmental space

This introduction places the authors’ contributions in the context of changes and recurring tensions across the period from 1960 to today. It reviews relevant literature and includes a brief overview of policy and political debates relating to the Thames during this period

A study of factors that enable the development of sustainable FET college entrepreneur development partnerships

Includes bibliographical references (leaves 94-103).This thesis is concerned with developing understanding of the issue of partnership sustainability and the factors that enable this. The South African further education and training (FET) college sector forms the context for the research and the specific focus is on entrepreneur development partnerships that have a community development focus. Numerous factors were found to strongly influence the sustainability of these kinds of partnerships. Of these factors, institutional 'will' was found to drive the establishment and continuation of partnerships, and the strength of this was largely determined by the relevance of a partnership to the strategy of an organisation, and the degree to which it delivered outcomes and benefits that matched expectations and were considered mutual. 'Will' on its own was found to be insufficient though as institutions also need the 'means' to put partnerships into practice and keep them going. 'Means' is understood as constituting a vision and strategy for the partnership, resources in the form of people, to lead it and carry out its work, and funding to finance its activities. Furthermore, for a partnership to be effective and continue over time it needs to be evolutionary and to go through cycles of implementation, reflection, learning and renewal. Good leadership, management and communication play a central role in this process. Additionally, healthy relationships are at the heart of effective long-term partnerships and, as such, a focus is needed on developing and maintaining the 'relationship' element of partnerships if these are to continue over time. Finally, the sustainability of partnerships is facilitated by formalised agreements, and their continuation beyond the individuals that established them is ensured through institutionalisation

Protecting Species or Hindering Energy Development? How the Endangered Species Act Impacts Energy Projects on Western Public Lands

Since it was enacted in 1973, the ESA has been one of the most celebrated environmental laws, but also one of the most reviled. Industry groups argue that the consultation process frequently delays and sometimes halts much needed energy, transportation, water supply, and other projects and often dramatically increases project costs. Environmentalists disagree with this view, contending that the process actually rarely stops anything and that the FWS lacks the backbone to impose meaningful conservation requirements that would be costly or inconvenient for the project developer. In 2015, the authors decided to delve deeply into ESA §7 to analyze how it actually works in practice and to assess the validity of various parties’ claims about the consultation process. They focused on the impact of §7 consultation on energy development on public land. This Comment is an overview of that study and key findings. In a nutshell, the authors learned that only a small fraction of energy projects developed on public land are reviewed at all under §7. When it applies, the consultation process appears to go quickly and smoothly for the vast majority of oil and gas projects, for a variety of reasons. On the other hand, consultation on solar energy and wind energy projects tends to be lengthy and complicated.The Kay Bailey Hutchison Center for Energy, Law, and Busines

An Interpretative Phenomenological Analysis of Urban Early College High School Teachers\u27 Experiences

Teachers are fundamental to students\u27 performance by fostering relationships and imparting knowledge in the classroom. Dual-credit teachers work for Early College High School (ECHS) programs to assist historically underrepresented students in accelerating their path toward earning college credits and associate degrees while attending high school. Hard-to-staff ECHS programs with underrepresented pupils in lower socioeconomic urban areas suffer high teacher attrition. How urban ECHS teachers define their professional experiences is still being determined, which affects organizational outcomes. The purpose of this phenomenological qualitative exploratory study was to investigate and understand the lived experiences of urban ECHS teachers in Texas. This study used phenomenological semistructured interviews and self-administered questionnaires to collect data from the 14 early college high school teacher participants. The exploratory study used interpretative phenomenological analysis as a qualitative research method to identify meaningful themes from patterns found within the data. Four central themes emerged from the investigation: (a) commitment to students, (b) motivation to retain position, (c) commitment to self, and (d) challenges. Participants\u27 accounts of their experiences as ECHS teachers contribute to recognizing and comprehending their values and beliefs. The results indicated that ECHS teachers showed compassion and understanding as they helped students navigate the intricacies of dual enrollment in high school and college. Research demonstrated that an environment conducive to learning enhances students\u27 cognitive, social, and emotional development. Sustaining an all-around favorable school culture affected ECHS instructors\u27 opinions of their jobs and the educational system. Results discussions included new perspectives on the actual experiences of ECHS teachers, the limitations of the study, and implications for ECHS teachers, ECHS supervision, and ECHS environment studies and programs in the future. Preserving a generally positive school climate affected ECHS instructors\u27 opinions of their positions and the educational system. Lastly, the study suggested that improving employee resources for urban ECHS teachers could improve well-being and workforce sustainability in ECHS contexts

Vulnerability and risk in children living with a physical disability.

Children are identified as a vulnerable group in need of a degree of safeguarding. About 6% of children in the UK have a disability, which can increase their level of vulnerability. How disability is perceived by others may affect the way they work with these young people in coping with life's risks, which may be increased due to the disability. Each individual's perception of the risks and benefits of a given venture varies. Children's nurses work with these young people and their families, aiming to give them maximum autonomy, self-reliance, empowerment and independence in adulthood. This involves risk-taking, as every young person needs to learn from graduated exposure to new experiences, environments, associations and hazards; the chance of harm must be balanced with the disadvantages of over-protection

The Effect of Seasonal Change on the Group Size, Group Composition, and Activity Budget of White-Tailed Deer, Odocoileus virginianus

Author Institution: Department of Zoology, Miami UniversityA free-ranging population of white-tailed deer (Odocoileus virginianus) located at the Miami University Ecology Research Center near Oxford, OH, was examined from October 1993 to February 1994 to determine seasonal changes in group size, group composition (number of males, females, and offspring), and behavior (feeding, locomotion, alert, and other behaviors). Observations took place at dusk in open pasture from a deer blind. Data were collected utilizing both scan samples and 60 second focal animal samples recorded on video. A significant increase in group size was found from fall to winter. No difference in group composition was found between seasons. Seasonal differences in behavior were found for all age/sex classes with an increase in feeding and a decrease in locomotion during the winter

Evaluating the effects of mountain beaver (\u3ci\u3eAplodontia rufa\u3c/i\u3e) management on conifer stocking in western Oregon

Mountain beaver (Aplodontia rufa) is the most primitive rodent species in North America and is endemic to the Pacific Northwest, USA. Within their range, mountain beaver cause more conflict with conifer forest regeneration than any other vertebrate species. Most damage occurs as a result of clipping and browsing new seedlings, which reduces stocking density and delays stand development. An integrated approach using trapping and a registered toxicant (baiting) has been suggested as the most efficacious means to reduce seedling loss during stand initiation. We evaluated this management strategy in intensively managed conifer stands across two mountain ranges in western Oregon. Harvest units were divided equally and management (trapping and baiting) was implemented on a randomly selected half of each unit; the remaining halves served as an experimental control. We conducted damage assessments in fixed 0.04 ha circular plots at approximate 1, 6, and 12 month intervals after planting and initiation of management activities. After 12 months, we observed mountain beaver damage in 100% of control plots and 95% of treatment plots; however, there was a 79% decrease in the estimated odds of damage for plots where trapping and baiting was implemented (95% CI 43–92). Mean seedling height was 10.6 cm taller in treated plots than control plots 1 year post-planting (95% CI 4.1–17.1). Reoccupation of vacant burrows began within 1 month; within 12 months, only 5% of trapped plots remained unoccupied. Reported costs and benefits varied among harvest units, but management was less expensive ($154.09/ha) than the cost of interplanting gaps created by mountain beaver damage ($182.13/ha). Although trapping and baiting may not offer a one-time solution to damage problems, it is an effective tool in reducing damage, saving management costs, and meeting compliance with forest regulations and certification requirements

Use of an Alternative Natural Weed Suppressant: Effects of Parboiled Rice Hull Mulch on the Growth of Container Weeds

The Chattahoochee Nature Center (CNC) is one of the leading educational centers in Georgia about the ecology of the Chattahoochee River. Due to lack of man power, keeping down the weeds in the CNC plant nursery is one of those tasks that often gets left undone. The nursery becomes overgrown with invasive weed species. Understandably, they must sometimes resort to the use of herbicides, such as Roundup®, to keep the hundreds of native and endangered species of plants housed at CNC from being choked out by invasive weeds. This study tests the ability to suppress weed growth by use of Parboiled Rice Hulls (PBH), a biodegradable by-product of the rice industry used as an eco-friendly mulch or soil additive. As a result of this study the CNC has planned to implement the use of PBH as a mulch material to dramatically decrease use of herbicides