Irus Braverman
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9780520298842
- eISBN:
- 9780520970830
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520298842.003.0009
- Subject:
- Environmental Science, Environmental Studies
In chapter 4, “Coral Law under Threat,”the pendulum swings back to despair. The chapter documents the focus of contemporary legal regimes—in particular, the U.S. Endangered Species Act—on threat and ...
More
In chapter 4, “Coral Law under Threat,”the pendulum swings back to despair. The chapter documents the focus of contemporary legal regimes—in particular, the U.S. Endangered Species Act—on threat and endangerment, exposing how ill-equipped this law is for dealing with coral species and also with the sheer scale of their “super wicked problem.” Here, federal administrators provide insight into the processes by which listing and delisting decisions take place, their deliberations about coral classification providing a fresh perspective on the correlations between law and science. While the frustrations with existing legal regimes, as well as the fraught relationship between scientists and lawyers, invoke a sense of despair, some also see hope on the legal horizon. Two such hopeful instances are the emerging international regulation of climate change and the signals of possible receptiveness by U.S. courts to the assertion of constitutional rights to a healthy environment.Less
In chapter 4, “Coral Law under Threat,”the pendulum swings back to despair. The chapter documents the focus of contemporary legal regimes—in particular, the U.S. Endangered Species Act—on threat and endangerment, exposing how ill-equipped this law is for dealing with coral species and also with the sheer scale of their “super wicked problem.” Here, federal administrators provide insight into the processes by which listing and delisting decisions take place, their deliberations about coral classification providing a fresh perspective on the correlations between law and science. While the frustrations with existing legal regimes, as well as the fraught relationship between scientists and lawyers, invoke a sense of despair, some also see hope on the legal horizon. Two such hopeful instances are the emerging international regulation of climate change and the signals of possible receptiveness by U.S. courts to the assertion of constitutional rights to a healthy environment.
Alexis K. Segal
- Published in print:
- 2015
- Published Online:
- January 2015
- ISBN:
- 9780199368747
- eISBN:
- 9780199368761
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199368747.003.0008
- Subject:
- Law, Environmental and Energy Law, Public International Law
As mounting impacts from climate change strain our remaining fragile marine species and ecosystems, the Endangered Species Act (ESA) has emerged as a primary regulatory vehicle to enhance protection ...
More
As mounting impacts from climate change strain our remaining fragile marine species and ecosystems, the Endangered Species Act (ESA) has emerged as a primary regulatory vehicle to enhance protection of marine species and habitat. Despite indisputable science showing climate change impacts to corals, many of which are the result of anthropogenic influence, climate change has played only a small role in ESA protection of this critical indicator species of our oceans. Historically underutilized in the marine context relative to terrestrial species and habitat, there is polarizing debate as to whether the ESA is properly equipped to protect our most valuable and vulnerable ocean resources in light of changing climate and issues such as ocean acidification, warming temperature, current flow, pollution, and weather patterns. This chapter discusses the unique aspects, including advantages and disadvantages of protecting marine species and environs through ESA provisions in sections 4, 7, and 10.Less
As mounting impacts from climate change strain our remaining fragile marine species and ecosystems, the Endangered Species Act (ESA) has emerged as a primary regulatory vehicle to enhance protection of marine species and habitat. Despite indisputable science showing climate change impacts to corals, many of which are the result of anthropogenic influence, climate change has played only a small role in ESA protection of this critical indicator species of our oceans. Historically underutilized in the marine context relative to terrestrial species and habitat, there is polarizing debate as to whether the ESA is properly equipped to protect our most valuable and vulnerable ocean resources in light of changing climate and issues such as ocean acidification, warming temperature, current flow, pollution, and weather patterns. This chapter discusses the unique aspects, including advantages and disadvantages of protecting marine species and environs through ESA provisions in sections 4, 7, and 10.
Cinnamon Piñon Carlarne
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199553419
- eISBN:
- 9780191594984
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199553419.003.0004
- Subject:
- Law, Environmental and Energy Law, Private International Law
This chapter examines how public and private actors are using litigation, regulation, and international law to influence federal climate policy. It begins by reviewing past and present climate change ...
More
This chapter examines how public and private actors are using litigation, regulation, and international law to influence federal climate policy. It begins by reviewing past and present climate change litigation in the US to suggest the role of litigation in shaping federal climate policy. It then explores the varied ways in which domestic and foreign citizens are attempting to use existing domestic legal and regulatory regimes and international legal mechanisms to compel the US federal government to limit domestic greenhouse gas emissions. The chapter concludes by examining how domestic and international efforts to use litigation and regulation coupled with on-going sub-federal legal and political initiatives influence climate policy in the US.Less
This chapter examines how public and private actors are using litigation, regulation, and international law to influence federal climate policy. It begins by reviewing past and present climate change litigation in the US to suggest the role of litigation in shaping federal climate policy. It then explores the varied ways in which domestic and foreign citizens are attempting to use existing domestic legal and regulatory regimes and international legal mechanisms to compel the US federal government to limit domestic greenhouse gas emissions. The chapter concludes by examining how domestic and international efforts to use litigation and regulation coupled with on-going sub-federal legal and political initiatives influence climate policy in the US.
N. Scott Arnold
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195374964
- eISBN:
- 9780199871490
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374964.003.0010
- Subject:
- Philosophy, Political Philosophy
This chapter articulates arguments for and against the regulatory regimes implicit in the Endangered Species Act (on endangered flora and fauna) and Section 404 of the Clean Water Act (wetlands ...
More
This chapter articulates arguments for and against the regulatory regimes implicit in the Endangered Species Act (on endangered flora and fauna) and Section 404 of the Clean Water Act (wetlands regulation). It finds that the best arguments in favor of these regulatory regimes are public goods arguments, which were disposed of in Chapter 6. By contrast, there are good conversion arguments against both of these regulatory regimes.Less
This chapter articulates arguments for and against the regulatory regimes implicit in the Endangered Species Act (on endangered flora and fauna) and Section 404 of the Clean Water Act (wetlands regulation). It finds that the best arguments in favor of these regulatory regimes are public goods arguments, which were disposed of in Chapter 6. By contrast, there are good conversion arguments against both of these regulatory regimes.
Mark V. Barrow Jr.
- Published in print:
- 2009
- Published Online:
- March 2013
- ISBN:
- 9780226038148
- eISBN:
- 9780226038155
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226038155.001.0001
- Subject:
- History, Environmental History
The rapid growth of the American environmental movement in recent decades obscures the fact that long before the first Earth Day and the passage of the Endangered Species Act, naturalists and ...
More
The rapid growth of the American environmental movement in recent decades obscures the fact that long before the first Earth Day and the passage of the Endangered Species Act, naturalists and concerned citizens recognized—and worried about—the problem of human-caused extinction. This book shows that the threat of species loss has haunted Americans since the early days of the republic. From the time of Thomas Jefferson through the pioneering conservation efforts of early naturalists like John James Audubon and John Muir, the book shows how Americans came to understand that it was not only possible for entire species to die out, but that humans themselves could be responsible for their extinction. With the destruction of the passenger pigeon and the precipitous decline of the bison, professional scientists and wildlife enthusiasts alike began to understand that even very common species were not safe from the juggernaut of modern, industrial society. That realization spawned public education and legislative campaigns that laid the foundation for the modern environmental movement and the preservation of such iconic creatures as the bald eagle, the California condor, and the whooping crane.Less
The rapid growth of the American environmental movement in recent decades obscures the fact that long before the first Earth Day and the passage of the Endangered Species Act, naturalists and concerned citizens recognized—and worried about—the problem of human-caused extinction. This book shows that the threat of species loss has haunted Americans since the early days of the republic. From the time of Thomas Jefferson through the pioneering conservation efforts of early naturalists like John James Audubon and John Muir, the book shows how Americans came to understand that it was not only possible for entire species to die out, but that humans themselves could be responsible for their extinction. With the destruction of the passenger pigeon and the precipitous decline of the bison, professional scientists and wildlife enthusiasts alike began to understand that even very common species were not safe from the juggernaut of modern, industrial society. That realization spawned public education and legislative campaigns that laid the foundation for the modern environmental movement and the preservation of such iconic creatures as the bald eagle, the California condor, and the whooping crane.
- Published in print:
- 2009
- Published Online:
- March 2013
- ISBN:
- 9780226038148
- eISBN:
- 9780226038155
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226038155.003.0001
- Subject:
- History, Environmental History
In 1973, the U.S. Congress approved one of the most sweeping environmental initiatives in American history: the Endangered Species Act. The goal of this ambitious new law was to stem the rising tide ...
More
In 1973, the U.S. Congress approved one of the most sweeping environmental initiatives in American history: the Endangered Species Act. The goal of this ambitious new law was to stem the rising tide of extinction that had swept away more than a thousand plants and animals since the beginning of the seventeenth century. The post-World War II period, particularly the late 1960s and 1970s, witnessed a remarkable environmental awakening in the United States and the West more broadly. While the Endangered Species Act undoubtedly rode the crest of the postwar environmental movement, it would be a mistake to see the measure solely as a consequence of that movement. Academic natural history experienced transformation and growth in the century leading up to the Endangered Species Act. This book recognizes the central role that naturalists have played in American wildlife conservation and the protection of endangered species. It provides a long view on their sustained and substantial efforts to discover, problematize, and respond to the issue of extinction over a roughly two-century period leading up to the Endangered Species Act of 1973.Less
In 1973, the U.S. Congress approved one of the most sweeping environmental initiatives in American history: the Endangered Species Act. The goal of this ambitious new law was to stem the rising tide of extinction that had swept away more than a thousand plants and animals since the beginning of the seventeenth century. The post-World War II period, particularly the late 1960s and 1970s, witnessed a remarkable environmental awakening in the United States and the West more broadly. While the Endangered Species Act undoubtedly rode the crest of the postwar environmental movement, it would be a mistake to see the measure solely as a consequence of that movement. Academic natural history experienced transformation and growth in the century leading up to the Endangered Species Act. This book recognizes the central role that naturalists have played in American wildlife conservation and the protection of endangered species. It provides a long view on their sustained and substantial efforts to discover, problematize, and respond to the issue of extinction over a roughly two-century period leading up to the Endangered Species Act of 1973.
Eric V. Hull
- Published in print:
- 2015
- Published Online:
- January 2015
- ISBN:
- 9780199368747
- eISBN:
- 9780199368761
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199368747.003.0012
- Subject:
- Law, Environmental and Energy Law, Public International Law
The Endangered Species Act (ESA) was enacted to promote the conservation of threatened and endangered plants and animals and to preserve their critical habitats. Invasive species continue to ...
More
The Endangered Species Act (ESA) was enacted to promote the conservation of threatened and endangered plants and animals and to preserve their critical habitats. Invasive species continue to compromise the effectiveness of the ESA. Today, more than 40 percent of all species listed on the endangered species list have been or continue to be significantly impacted by invasive species within their range. For marine protected species, the impacts are significant. Invasive species established in U.S. waters have altered critical habitats and trophic dynamics, decreased juvenile recruitment through increased predation on native species, increased parasitism, altered genetic diversity, decreased species resilience, impaired nutrient cycling and altered water quality, and have reduced marine biodiversity. This chapter addresses the application of the ESA to a rapidly changing marine environment, with emphasis on how current responses to marine invasive species and climate change may affect implementation of the ESA to marine species.Less
The Endangered Species Act (ESA) was enacted to promote the conservation of threatened and endangered plants and animals and to preserve their critical habitats. Invasive species continue to compromise the effectiveness of the ESA. Today, more than 40 percent of all species listed on the endangered species list have been or continue to be significantly impacted by invasive species within their range. For marine protected species, the impacts are significant. Invasive species established in U.S. waters have altered critical habitats and trophic dynamics, decreased juvenile recruitment through increased predation on native species, increased parasitism, altered genetic diversity, decreased species resilience, impaired nutrient cycling and altered water quality, and have reduced marine biodiversity. This chapter addresses the application of the ESA to a rapidly changing marine environment, with emphasis on how current responses to marine invasive species and climate change may affect implementation of the ESA to marine species.
San J. Stiver
- Published in print:
- 2011
- Published Online:
- March 2012
- ISBN:
- 9780520267114
- eISBN:
- 9780520948686
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520267114.003.0003
- Subject:
- Biology, Ornithology
Declining Greater Sage-Grouse (Centrocercus urophasianus) populations and habitat trends warranted concern for their long-term viability by state and provincial wildlife management, land management ...
More
Declining Greater Sage-Grouse (Centrocercus urophasianus) populations and habitat trends warranted concern for their long-term viability by state and provincial wildlife management, land management agencies, and conservationists by the mid-1990s. Management authorities reacted to these trends by enhancing conservation efforts, adjusting hunting seasons, redirecting funding, and entering into cooperative agreements for coordinated management. Additionally, an assessment of sage-grouse population trends and habitat was prepared, as was a range-wide conservation strategy. Concern about sage-grouse and sagebrush population declines also caused citizens, non-governmental organizations, and industry to respond significantly by beginning or cooperating in conservation activities that benefit sage-grouse and sagebrush habitats. This chapter summarizes existing petitions filed to list Greater Sage-Grouse under the United States Endangered Species Act. The purpose is to document laws, regulations, policies, executive orders, judgments, findings, conservation planning and efforts, organizations, industry, and governments that frame the conservation status of greater sage-grouse.Less
Declining Greater Sage-Grouse (Centrocercus urophasianus) populations and habitat trends warranted concern for their long-term viability by state and provincial wildlife management, land management agencies, and conservationists by the mid-1990s. Management authorities reacted to these trends by enhancing conservation efforts, adjusting hunting seasons, redirecting funding, and entering into cooperative agreements for coordinated management. Additionally, an assessment of sage-grouse population trends and habitat was prepared, as was a range-wide conservation strategy. Concern about sage-grouse and sagebrush population declines also caused citizens, non-governmental organizations, and industry to respond significantly by beginning or cooperating in conservation activities that benefit sage-grouse and sagebrush habitats. This chapter summarizes existing petitions filed to list Greater Sage-Grouse under the United States Endangered Species Act. The purpose is to document laws, regulations, policies, executive orders, judgments, findings, conservation planning and efforts, organizations, industry, and governments that frame the conservation status of greater sage-grouse.
Jaclyn Lopez
- Published in print:
- 2015
- Published Online:
- January 2015
- ISBN:
- 9780199368747
- eISBN:
- 9780199368761
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199368747.003.0026
- Subject:
- Law, Environmental and Energy Law, Public International Law
This chapter describes how the Endangered Species Act can help us plan for species conservation in light of sea-level rise. The Act’s section 4 requirement to designate suitable, unoccupied upland ...
More
This chapter describes how the Endangered Species Act can help us plan for species conservation in light of sea-level rise. The Act’s section 4 requirement to designate suitable, unoccupied upland habitat can help in proactively identifying and managing upland habitat for species retreat as rising seas and increasing storms threaten coastal species’ habitats. The chapter discusses how section 7 of the Act ensures that federal agency actions to not jeopardize species or adversely modify their habitats applies to federal programs such as the National Flood Insurance Program (NFIP), and can be helpful in preventing construction in flood plains and species’ coastal habitats.Less
This chapter describes how the Endangered Species Act can help us plan for species conservation in light of sea-level rise. The Act’s section 4 requirement to designate suitable, unoccupied upland habitat can help in proactively identifying and managing upland habitat for species retreat as rising seas and increasing storms threaten coastal species’ habitats. The chapter discusses how section 7 of the Act ensures that federal agency actions to not jeopardize species or adversely modify their habitats applies to federal programs such as the National Flood Insurance Program (NFIP), and can be helpful in preventing construction in flood plains and species’ coastal habitats.
Barbara K. Jones
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9781683401049
- eISBN:
- 9781683401728
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9781683401049.003.0002
- Subject:
- Environmental Science, Environmental Studies
By failing to assign nature value in our current Anthropocene, the opportunity costs of diminishing biodiversity are not recognized in the marketplace, leading to significant negative consequences ...
More
By failing to assign nature value in our current Anthropocene, the opportunity costs of diminishing biodiversity are not recognized in the marketplace, leading to significant negative consequences for both nature and humanity. Polluting water, destroying habitats, or exterminating species should each lessen nature’s value, but if nature has never been assigned a value, that loss is not recognized and development becomes the default. The words “wild capital” remind us that nature should be viewed as an asset like any other, and that in doing so we are better equipped to appreciate its long-term worth. Since the ecosystem services model (ES) ties together the ecological, social, and economic needs of human well-being, it is well situated to assign nature value and from that make a case for nature as natural capital. To assist in policy decisions, ES has offered a path based on the language of economics, making it appealing to economists, while to conservationists, it has turned an argument about the negative effects of development on wildlife into a more fruitful dialogue about how beneficial conservation is for human well-being. ES is also compatible with efforts at sustainability and the goals of the Endangered Species Act (ESA) and 2005 Millennium Ecosystem Assessment.Less
By failing to assign nature value in our current Anthropocene, the opportunity costs of diminishing biodiversity are not recognized in the marketplace, leading to significant negative consequences for both nature and humanity. Polluting water, destroying habitats, or exterminating species should each lessen nature’s value, but if nature has never been assigned a value, that loss is not recognized and development becomes the default. The words “wild capital” remind us that nature should be viewed as an asset like any other, and that in doing so we are better equipped to appreciate its long-term worth. Since the ecosystem services model (ES) ties together the ecological, social, and economic needs of human well-being, it is well situated to assign nature value and from that make a case for nature as natural capital. To assist in policy decisions, ES has offered a path based on the language of economics, making it appealing to economists, while to conservationists, it has turned an argument about the negative effects of development on wildlife into a more fruitful dialogue about how beneficial conservation is for human well-being. ES is also compatible with efforts at sustainability and the goals of the Endangered Species Act (ESA) and 2005 Millennium Ecosystem Assessment.
- Published in print:
- 2009
- Published Online:
- March 2013
- ISBN:
- 9780226038148
- eISBN:
- 9780226038155
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226038155.003.0012
- Subject:
- History, Environmental History
For more than two centuries now, naturalists have been grappling with the problem of extinction. However, how they framed and responded to that problem have both changed fundamentally during that ...
More
For more than two centuries now, naturalists have been grappling with the problem of extinction. However, how they framed and responded to that problem have both changed fundamentally during that time. During the decades following the publication of Thomas Jefferson's Notes on the State of Virginia, a series of seismic scientific shifts not only established that the natural world had experienced profound transformations in the past but also catapulted the study of extinction to front and center within natural history. Until the 1920s, American wildlife conservation focused almost exclusively on the plight of vulnerable individual species, particularly those birds, mammals, and fish considered economically valuable. With limited success, ecologists pushed to broaden this concern to threatened associations of organisms, an approach more in keeping with their interest in the relationship between living things and their environment. The Endangered Species Act of 1973 offered a powerful mandate for the preservation of endangered species, while placing the federal government at the center of a systematic, comprehensive program to rescue them.Less
For more than two centuries now, naturalists have been grappling with the problem of extinction. However, how they framed and responded to that problem have both changed fundamentally during that time. During the decades following the publication of Thomas Jefferson's Notes on the State of Virginia, a series of seismic scientific shifts not only established that the natural world had experienced profound transformations in the past but also catapulted the study of extinction to front and center within natural history. Until the 1920s, American wildlife conservation focused almost exclusively on the plight of vulnerable individual species, particularly those birds, mammals, and fish considered economically valuable. With limited success, ecologists pushed to broaden this concern to threatened associations of organisms, an approach more in keeping with their interest in the relationship between living things and their environment. The Endangered Species Act of 1973 offered a powerful mandate for the preservation of endangered species, while placing the federal government at the center of a systematic, comprehensive program to rescue them.
Barbara K. Jones
- Published in print:
- 2019
- Published Online:
- May 2020
- ISBN:
- 9781683401049
- eISBN:
- 9781683401728
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9781683401049.003.0006
- Subject:
- Environmental Science, Environmental Studies
By assigning economic value to the manatee, the costs and benefits associated with conserving and protecting them and their habitat can more effectively compete in the marketplace. Just as the ...
More
By assigning economic value to the manatee, the costs and benefits associated with conserving and protecting them and their habitat can more effectively compete in the marketplace. Just as the Endangered Species Act assigned value to social benefits or Eleanor Ostrom demonstrated how governing the commons could turn public goods into private ones, assessing the measurable benefits of a resource makes both environmental and economic sense. The manatee’s charisma, combined with a recognized economic value, has helped us maintain a better relationship with the species and moved the manatee and its habitat to the frontlines of Florida’s conservation agenda. Their increased numbers and expanding human fan base have made them the face for improving ecosystem biodiversity and water quality, as well as encouraging better land use decisions along Florida’s rapidly developing coastline. Effective branding by well-respected institutions like Save the Manatee Club and The Ocean Conservancy has made saving the manatee a cause that transcends the local and hopefully has made co-existing with the gentle giants in their habitat something each one of us will readily choose to do.Less
By assigning economic value to the manatee, the costs and benefits associated with conserving and protecting them and their habitat can more effectively compete in the marketplace. Just as the Endangered Species Act assigned value to social benefits or Eleanor Ostrom demonstrated how governing the commons could turn public goods into private ones, assessing the measurable benefits of a resource makes both environmental and economic sense. The manatee’s charisma, combined with a recognized economic value, has helped us maintain a better relationship with the species and moved the manatee and its habitat to the frontlines of Florida’s conservation agenda. Their increased numbers and expanding human fan base have made them the face for improving ecosystem biodiversity and water quality, as well as encouraging better land use decisions along Florida’s rapidly developing coastline. Effective branding by well-respected institutions like Save the Manatee Club and The Ocean Conservancy has made saving the manatee a cause that transcends the local and hopefully has made co-existing with the gentle giants in their habitat something each one of us will readily choose to do.
Edward D Koch and Charles R. Peterson
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780520235922
- eISBN:
- 9780520929432
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520235922.003.0024
- Subject:
- Biology, Animal Biology
For fifteen years, the authors have been working together to understand and conserve amphibians in the northern Rocky Mountain and Pacific Northwest regions of the United States. Based on their ...
More
For fifteen years, the authors have been working together to understand and conserve amphibians in the northern Rocky Mountain and Pacific Northwest regions of the United States. Based on their observations, it appears that many herpetologists are unaware of or poorly informed on management needs and opportunities for conserving amphibian species. Because of this lack of awareness and a relative lack of attention paid by herpetologists to serving specific research and management needs, many natural resource managers lack the sound scientific information and experience needed to conserve amphibians and their habitats. Citizens have created many tools for conserving species that are often unfamiliar to research scientists, many conservationists, and even some managers. This chapter presents some ideas and examples of opportunities to promote amphibian species conservation, based on the authors' experience of the U.S. Fish and Wildlife Service in the Pacific Region and at Idaho State University. It examines the challenge posed by boreal toads with respect to taxonomy and management. It also provides an overview of conservation planning according to the Endangered Species Act of 1973.Less
For fifteen years, the authors have been working together to understand and conserve amphibians in the northern Rocky Mountain and Pacific Northwest regions of the United States. Based on their observations, it appears that many herpetologists are unaware of or poorly informed on management needs and opportunities for conserving amphibian species. Because of this lack of awareness and a relative lack of attention paid by herpetologists to serving specific research and management needs, many natural resource managers lack the sound scientific information and experience needed to conserve amphibians and their habitats. Citizens have created many tools for conserving species that are often unfamiliar to research scientists, many conservationists, and even some managers. This chapter presents some ideas and examples of opportunities to promote amphibian species conservation, based on the authors' experience of the U.S. Fish and Wildlife Service in the Pacific Region and at Idaho State University. It examines the challenge posed by boreal toads with respect to taxonomy and management. It also provides an overview of conservation planning according to the Endangered Species Act of 1973.
Alejandro E. Camacho and Robert L. Glicksman
- Published in print:
- 2019
- Published Online:
- January 2020
- ISBN:
- 9781479829675
- eISBN:
- 9781479811649
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479829675.003.0006
- Subject:
- Law, Constitutional and Administrative Law
An analysis of the National Environmental Policy Act (NEPA) comparing it to analogous provisions in the Endangered Species Act (ESA) illustrates the value of a careful exploration of interagency ...
More
An analysis of the National Environmental Policy Act (NEPA) comparing it to analogous provisions in the Endangered Species Act (ESA) illustrates the value of a careful exploration of interagency coordination-not only the choices that exist for policymakers in deciding the extent to which regulatory authority should be coordinated, but also how policymakers should assess such allocations on a function-by-function basis. Both statutes rely on mechanisms for coordinating certain functions of federal agencies. The chapter argues that NEPA would likely have been more effective if it had extended coordination obligations to information distribution, compliance monitoring, and possibly even project implementation. It suggests that the ESA illustrates one form that formal interagency coordination of implementation and post-decision monitoring might take. The chapter ultimately argues that policymakers should consider the tradeoffs of interagency coordination and independence on a function-by-function basis.Less
An analysis of the National Environmental Policy Act (NEPA) comparing it to analogous provisions in the Endangered Species Act (ESA) illustrates the value of a careful exploration of interagency coordination-not only the choices that exist for policymakers in deciding the extent to which regulatory authority should be coordinated, but also how policymakers should assess such allocations on a function-by-function basis. Both statutes rely on mechanisms for coordinating certain functions of federal agencies. The chapter argues that NEPA would likely have been more effective if it had extended coordination obligations to information distribution, compliance monitoring, and possibly even project implementation. It suggests that the ESA illustrates one form that formal interagency coordination of implementation and post-decision monitoring might take. The chapter ultimately argues that policymakers should consider the tradeoffs of interagency coordination and independence on a function-by-function basis.
David L. Callies
- Published in print:
- 2010
- Published Online:
- November 2016
- ISBN:
- 9780824834753
- eISBN:
- 9780824870751
- Item type:
- chapter
- Publisher:
- University of Hawai'i Press
- DOI:
- 10.21313/hawaii/9780824834753.003.0009
- Subject:
- Society and Culture, Pacific Studies
This chapter discusses how the federal government injected itself into environmental law in a series of statutes passed in the 1970s. These new environmental laws with their significant land use ...
More
This chapter discusses how the federal government injected itself into environmental law in a series of statutes passed in the 1970s. These new environmental laws with their significant land use implications were dubbed as “The Federalization of land use controls.” From a land use perspective, the most important of these laws are the Clean Air Act, the Clean Water Act, and the Endangered Species Act. In some instances, Hawaiʻi’s state environmental laws go even further. For example, as interpreted in a series of Hawaiʻi Supreme Court decisions, the Hawaiʻi Environmental Impact Statement (EIS) law has been so broadly construed that any land use project that so much as touches state land triggers a time-consuming, expensive EIS review.Less
This chapter discusses how the federal government injected itself into environmental law in a series of statutes passed in the 1970s. These new environmental laws with their significant land use implications were dubbed as “The Federalization of land use controls.” From a land use perspective, the most important of these laws are the Clean Air Act, the Clean Water Act, and the Endangered Species Act. In some instances, Hawaiʻi’s state environmental laws go even further. For example, as interpreted in a series of Hawaiʻi Supreme Court decisions, the Hawaiʻi Environmental Impact Statement (EIS) law has been so broadly construed that any land use project that so much as touches state land triggers a time-consuming, expensive EIS review.
Anna M. Goebel
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780520235922
- eISBN:
- 9780520929432
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520235922.003.0030
- Subject:
- Biology, Animal Biology
This chapter describes how systematics and taxonomy can better address conservation issues in both theoretical and utilitarian ways. It begins with a discussion of organismic diversity and how ...
More
This chapter describes how systematics and taxonomy can better address conservation issues in both theoretical and utilitarian ways. It begins with a discussion of organismic diversity and how systematics and Linnaean taxonomy have failed to meet the needed description and quantification of diversity for conservation purposes. It then argues that recognizing diversity is more critical than recognizing species, and suggests how diversity can be incorporated into systematics using measures of phylogenetic diversity and phylogenetic taxonomy. Finally, the chapter suggests three utilitarian ways that conservation systematics can incorporate diversity into management and politics: set priorities for conservation; reconstruct the Endangered Species Act of 1973; and mitigate loss of total diversity by a procedure that identifies acceptable losses. To illustrate problems and solutions, the chapter uses examples from North American bufonids, especially the western toad (Bufo boreas) species group.Less
This chapter describes how systematics and taxonomy can better address conservation issues in both theoretical and utilitarian ways. It begins with a discussion of organismic diversity and how systematics and Linnaean taxonomy have failed to meet the needed description and quantification of diversity for conservation purposes. It then argues that recognizing diversity is more critical than recognizing species, and suggests how diversity can be incorporated into systematics using measures of phylogenetic diversity and phylogenetic taxonomy. Finally, the chapter suggests three utilitarian ways that conservation systematics can incorporate diversity into management and politics: set priorities for conservation; reconstruct the Endangered Species Act of 1973; and mitigate loss of total diversity by a procedure that identifies acceptable losses. To illustrate problems and solutions, the chapter uses examples from North American bufonids, especially the western toad (Bufo boreas) species group.
Lawrence H. Goulder and Donald Kennedy
- Published in print:
- 2011
- Published Online:
- December 2013
- ISBN:
- 9780199588992
- eISBN:
- 9780191774638
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199588992.003.0002
- Subject:
- Biology, Biodiversity / Conservation Biology, Ecology
This chapter examines philosophical bases for ecosystem service value and explores ways of measuring such value. In exploring the philosophical bases of value, it lays out competing approaches and ...
More
This chapter examines philosophical bases for ecosystem service value and explores ways of measuring such value. In exploring the philosophical bases of value, it lays out competing approaches and brings out some ethical issues underlying the choices among them; it also contrasts value-based and rights-based approaches to decision-making about ecosystem protection. In exploring various measurement approaches, the chapter discusses the strengths and weaknesses of the alternatives, and indicates which approaches are best suited to the different types of value conferred by ecosystem services. It provides case studies revealing how these concepts and methods apply to specific settings.Less
This chapter examines philosophical bases for ecosystem service value and explores ways of measuring such value. In exploring the philosophical bases of value, it lays out competing approaches and brings out some ethical issues underlying the choices among them; it also contrasts value-based and rights-based approaches to decision-making about ecosystem protection. In exploring various measurement approaches, the chapter discusses the strengths and weaknesses of the alternatives, and indicates which approaches are best suited to the different types of value conferred by ecosystem services. It provides case studies revealing how these concepts and methods apply to specific settings.
Charles F. Wurster
- Published in print:
- 2015
- Published Online:
- November 2020
- ISBN:
- 9780190219413
- eISBN:
- 9780197559512
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190219413.003.0010
- Subject:
- Environmental Science, Pollution and Threats to the Environment
The late 1960s and early 1970s was a world of increasing political unrest on many fronts. In January 1969, Richard Nixon replaced Lyndon Johnson as president. Public ...
More
The late 1960s and early 1970s was a world of increasing political unrest on many fronts. In January 1969, Richard Nixon replaced Lyndon Johnson as president. Public support for the war in Vietnam was diminishing and there were widespread antiwar demonstrations. Environmental awareness and concerns were rapidly increasing. Air and water pollution were increasingly severe. A huge oil spill dumped 100,000 barrels of crude oil onto the beaches of Santa Barbara, California. The Cuyahoga River in Ohio caught fire. Students buried automobiles on college campuses. Lake Erie could no longer support fish. The great whales were being killed in record numbers. People were apprehensive about pesticides. The Bald Eagle, national symbol, was disappearing. The first Earth Day was launched in 1970. Responding to this public outcry, the National Environmental Policy Act passed Congress almost unanimously and became law on January 1, 1970; the Clean Air Act became law in 1970, the Clean Water Act in 1972, and the Endangered Species Act in 1973; and the Federal Insecticide, Fungicide and Rodenticide Act was rewritten in 1972. Rachel Carson’s Silent Spring had appeared in 1962 and generated a sizable public reaction, but pesticide policies had changed very little by 1970. This was the milieu in which EDF sought to pursue its goals of a national ban on DDT and the development of environmental law. Reaching those goals would require a much more substantial organization than EDF was in 1969; at that time it was little more than a board of trustees with plenty of ideas but no staff, no office, and almost no money. Most of those trustees were going about their normal lives with EDF concerns more like a hobby than a profession. Their dedication was strong and very real, but a strategic game plan was barely in sight. There were additional impediments when compared with today’s world. Forty-five years ago communications barely resembled what we have now. Most television sets were black-and-white with small screens and large bulky bodies, although color TV was arriving slowly. There were no computers or cell phones.
Less
The late 1960s and early 1970s was a world of increasing political unrest on many fronts. In January 1969, Richard Nixon replaced Lyndon Johnson as president. Public support for the war in Vietnam was diminishing and there were widespread antiwar demonstrations. Environmental awareness and concerns were rapidly increasing. Air and water pollution were increasingly severe. A huge oil spill dumped 100,000 barrels of crude oil onto the beaches of Santa Barbara, California. The Cuyahoga River in Ohio caught fire. Students buried automobiles on college campuses. Lake Erie could no longer support fish. The great whales were being killed in record numbers. People were apprehensive about pesticides. The Bald Eagle, national symbol, was disappearing. The first Earth Day was launched in 1970. Responding to this public outcry, the National Environmental Policy Act passed Congress almost unanimously and became law on January 1, 1970; the Clean Air Act became law in 1970, the Clean Water Act in 1972, and the Endangered Species Act in 1973; and the Federal Insecticide, Fungicide and Rodenticide Act was rewritten in 1972. Rachel Carson’s Silent Spring had appeared in 1962 and generated a sizable public reaction, but pesticide policies had changed very little by 1970. This was the milieu in which EDF sought to pursue its goals of a national ban on DDT and the development of environmental law. Reaching those goals would require a much more substantial organization than EDF was in 1969; at that time it was little more than a board of trustees with plenty of ideas but no staff, no office, and almost no money. Most of those trustees were going about their normal lives with EDF concerns more like a hobby than a profession. Their dedication was strong and very real, but a strategic game plan was barely in sight. There were additional impediments when compared with today’s world. Forty-five years ago communications barely resembled what we have now. Most television sets were black-and-white with small screens and large bulky bodies, although color TV was arriving slowly. There were no computers or cell phones.
Jefferson Decker
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9780190467302
- eISBN:
- 9780190600587
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190467302.003.0002
- Subject:
- History, American History: 20th Century, Political History
During the period of liberal reform known as the Great Society, the US government expanded its regulation of the nation’s economy in an effort to protect the environment and protect consumers from ...
More
During the period of liberal reform known as the Great Society, the US government expanded its regulation of the nation’s economy in an effort to protect the environment and protect consumers from dangerous or unhealthy products. This new regulatory state differed from earlier regulatory states, in that it was broad (in the sense of subjecting many more businesses and individuals to regulation), but weak (in the sense that relatively few bureaucrats regulated large numbers of people). It also relied much more heavily on lawyers and litigation in order to fulfil regulatory mandates without spending large amounts of federal money. And, for that reason, it provoked controversy. When, for example, the Disney Corporation’s plans to build a multi-million dollar ski resort in Californa’s Mineral King Valley was blocked by a series of lawsuits, business interests became concerned. How, they asked, could the courts shut down a project that had been approved by those branches of government that answered directly to voters? Had the “public interest,” as represented by membership groups and their lawyers, supplanted the private interests of individuals and business as the typical litigant in the U.S. legal system?Less
During the period of liberal reform known as the Great Society, the US government expanded its regulation of the nation’s economy in an effort to protect the environment and protect consumers from dangerous or unhealthy products. This new regulatory state differed from earlier regulatory states, in that it was broad (in the sense of subjecting many more businesses and individuals to regulation), but weak (in the sense that relatively few bureaucrats regulated large numbers of people). It also relied much more heavily on lawyers and litigation in order to fulfil regulatory mandates without spending large amounts of federal money. And, for that reason, it provoked controversy. When, for example, the Disney Corporation’s plans to build a multi-million dollar ski resort in Californa’s Mineral King Valley was blocked by a series of lawsuits, business interests became concerned. How, they asked, could the courts shut down a project that had been approved by those branches of government that answered directly to voters? Had the “public interest,” as represented by membership groups and their lawyers, supplanted the private interests of individuals and business as the typical litigant in the U.S. legal system?
Benjamin Hale
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780262035408
- eISBN:
- 9780262336499
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262035408.003.0010
- Subject:
- History, History of Science, Technology, and Medicine
This chapter argues that reasons are underdetermined and often left out of value-based discussions of nature. The chapter offers a rough sketch of Kantian moral theory – particularly the first two ...
More
This chapter argues that reasons are underdetermined and often left out of value-based discussions of nature. The chapter offers a rough sketch of Kantian moral theory – particularly the first two formulations of the Categorical Imperative – to suggest that the primary charge of environmentalism ought to be that of encouraging deeper justification of actions. It utilizes the Endangered Species Act, the argument from ecosystem services, and the case of a stolen kidney to suggest that cost-benefit analysis and related methodologies are insufficient for addressing the broad ethical considerations of environmentalists.Less
This chapter argues that reasons are underdetermined and often left out of value-based discussions of nature. The chapter offers a rough sketch of Kantian moral theory – particularly the first two formulations of the Categorical Imperative – to suggest that the primary charge of environmentalism ought to be that of encouraging deeper justification of actions. It utilizes the Endangered Species Act, the argument from ecosystem services, and the case of a stolen kidney to suggest that cost-benefit analysis and related methodologies are insufficient for addressing the broad ethical considerations of environmentalists.