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States today play a major role in implementing and enforcing environmental laws such as the Clean Air Act, Clean Water Act, and the Resource Conservation and Recovery Act. A thirty year review of ESA identified state leadership in species conservation as a necessary element in better conserving the nation‘s imperiled species, yet the theoretical and practical reasons and applications of an enhanced state role are little understood and have not been subjected to any meaningful analysis. This book, for the first time, presents the legal and policy analysis for federalism considerations in implementing ESA. The book undertakes a comprehensive analysis of the economic rationale for federalism in ESA administration; compares administration of ESA to other major environmental statutes; reviews various tools under the existing Act to enhance state role in species conservation; evaluates major case studies to determine roles the state can play in species conservation and recovery; and concludes with policy recommendations to encourage greater state involvement in species conservation.
The Endangered Species Act of 1973 (ESA) is one of the most cherished and reviled laws ever passed. It mandates protection and preservation of all the nation’s species and biodiversity, whatever the cost. It has been a lightning rod for controversy and conflicts between industry/business and environmentalists. The year 2023 marks the 50th anniversary of this law, and provides an opportunity for a measured and thorough evaluation thereof. We cannot know today’s challenges and opportunities without understanding their histories. This book is the most comprehensive history of the ESA ever published, and the first to consider the entire history of the law from all angles in a single volume. The history of the ESA has been one of increasing impact, complexity, and controversy. In 1978, the Supreme Court declared that Congress intended for the U.S. government to save all species at any cost, and thereafter application of the ESA became steadily more controversial, as seen in the example of the northern spotted owl and the timber wars in the Pacific Northwest in the late 1980s and early 90s, and then everywhere as the ESA became a political football in the highly partisan environment of the late 1990s and amendments to the law ceased. This book is not only a history, but a call to action. It will take more conservation, more funding, and more innovative solutions if we are to save our wildlife and biodiversity. It will take the engagement to every American to muster the collective will to meet this challenge. The hope of this book is that we will be able to look back and say that we accomplished more in the second 50 years of the ESA than we did in the first.
Balancing on the Brink of Extinction presents a comprehensive overview of the Endangered Species Act -- its conception, history, and potential for protecting the remaining endangered species.
This handbook is a guide to the federal Endangered Species Act, the primary U.S. law aimed at protecting species of animals and plants from human threats to their survival. It is intended for lawyers, government agency employees, students, community activists, businesspeople, and any citizen who wants to understand the Act--its history, provisions, accomplishments, and failures.
How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists.
Environmental law expert Lowell E. Baier reveals how over centuries the federal government slowly preempted the states’ authority over managing their resident wildlife. In doing so, he educates elected officials, wildlife students, and environmentalists in the precedents that led to the current state of wildlife management, and how a constructive environment can be fostered at all levels of government to improve our nation’s wildlife and biodiversity.
The Endangered Species Act of 1973 (ESA) is one of the most cherished and reviled laws ever passed. It mandates protection and preservation of all the nation’s species and biodiversity, whatever the cost. It has been a lightning rod for controversy and conflicts between industry/business and environmentalists. In this volume, leading Endangered Species Act experts interpret and propose legislative and administrative changes to prepare the ESA for future challenges. They explore regulations on avoiding harm to and producing benefits for species, cooperation between state and federal agencies, scientific analyses, and the necessary politics to enact their ideas. This is a call to action to chart an enlightened future for the Endangered Species Act that embraces the nation’s moral commitment of 50 years ago to address species extinction constructively, mindful of biodiversity, and as a fixture among the nation’s values and needs. The interconnected web of life includes all living species that depend on each other for survival, us among them. The stakes—our very future—are too high to ignore.
On marijuana, there is no mutual federal-state policy; will this cause federalism to go up in smoke? More than one-half the 50 states have legalized the use of marijuana at least for medical purposes, and about a dozen of those states have gone further, legalizing it for recreational use. Either step would have been almost inconceivable just a couple decades ago. But marijuana remains an illegal “controlled substance” under a 1970 federal law, so those who sell or grow it could still face federal prosecution. How can state and federal laws be in such conflict? And could federal law put the new state laws in jeopardy at some point? This book, an edited volume with contributions by highly regarded legal scholars and policy analysts, is the first detailed examination of these and other questions surrounding a highly unusual conflict between state and federal policies and laws. Marijuana Federalism surveys the constitutional issues that come into play with this conflict, as well as the policy questions related to law enforcement at the federal versus state levels. It also describes specific areas—such as banking regulations—in which federal law has particularly far-reaching effects. Readers will gain a greater understanding of federalism in general, including how the division of authority between the federal and state governments operates in the context of policy and legal disputes between the two levels. This book also will help inform debates as other states consider whether to jump on the bandwagon of marijuana legalization.
If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.